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(영문) 대구지방법원 서부지원 2017.10.19 2017고합172
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On June 1, 2017, the Defendant paid 150,000 won to Ma (n, 15 years of age) who is a child or juvenile in delivery (n, 15 years of age) using a smartphoneing app “M,” in the middle-gu Seo-gu, Daegu-gu, Seo-gu, for the purchase of child or juvenile sex by doing sexual intercourse.

2. On June 2017, the Defendant: (a) paid 150,000 won to Ma (n, 15 years of age) who is a child or youth in delivery (n, 15 years of age) using a smartphone-making app “SL” in the middle-gu Seo-gu N, Daegu-gu, Seo-gu; and (b) had sexual intercourse with the child or youth purchase.

3. On June 2017, the Defendant paid 150,000 won to Qel located in Daegu-gu P, and had a sex relationship with a child or youth M (n, 15 years of age) who was only a child or youth, using smartphone hosting app “S”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of M;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 6);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to purchase of sex, etc.) stated in paragraph (3) of the judgment with the most severe penalty);

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed for the following favorable sentencing grounds):

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to seven years;

2. Application of the sentencing criteria;

(a) The first type (the purchase, etc. of sex) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be used to purchase the sex of a child or juvenile under the age of 19;

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