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(영문) 수원지방법원 안양지원 2016.11.25 2016고합152
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2016, the Defendant became aware of the child and juvenile D (name, female, E) through the "Largephone E-C".

At around 10:00 on January 13, 2016, the Defendant, knowing that D is in need of money, purchased DNA, a child or juvenile, from that time to June 8, 2016, in total, seven times from that time, including that D and 30,000 won in the stairs between D and D and D at the same time, in Gyeyang-gu, Mayang-gu, F apartment, 101, 101, and 30,000 won in consideration of D and 30,000 won in consideration of D’s sexual intercourse from that place, with the knowledge that D’s money is necessary.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides the corresponding legal provisions and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the largest penalty) from among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (decision on types of sexual traffic), which are subject to the age of 19 years;

(a) Purchase of child or juvenile sex [the scope of recommendations] basic area, imprisonment with labor for 10 months to 2 months;

(b) Handling multiple crimes: Imprisonment with prison labor for up to 10 months, up to 4 years, and up to 7 months (i.e., June 1 and March 10);

3. Determination of sentence: Imprisonment with prison labor for a year and six months, the crime of this case with the probation of three years is purchased several times from female juveniles who are only the third grade of a middle school.

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