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(영문) 대구지방법원 김천지원 2019.02.12 2018고합123
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Criminal facts

1. On May 12, 2018, the Defendant engaged in the act of purchasing child and juvenile sex by doing sexual intercourse once in consideration of the amount of KRW 200,000 in full or cash 20,000 through Da (15 years of age) and Mediting Flus (E) at the Matern located in Gumi-si B.

2. Around June 1, 2018, the Defendant: (a) committed one-time sexual intercourse at the conference as set forth in paragraph (1) to purchase child or juvenile sex by drinking the said D or in cash 200,000 won; and (b) purchased child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on internal investigation (limited to the attachment of photographs of the contents of conversation) and photographs of the contents of conversation;

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, around June 1, 2018, whichever the penalty is heavier);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. In addition to the various circumstances, such as the Defendant’s age, occupation, history, economic circumstances, family relation, the degree of risk of recidivism, and anticipated side effects by the employment restriction order, as well as the following: Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the reason

1. Scope of applicable sentences under law: Imprisonment with labor for a month from one month to seven years and six months;

2. Application of the sentencing criteria;

(a) each;

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