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(영문) 수원지방법원 안산지원 2015.08.28 2015고합113
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 4, 2014, at around 01:30, the Defendant agreed to pay KRW 3.50,000 to the victim C (here, 15 years of age) who became aware of through the “Plastic Stockholm,” which is a smartphone, in return for the commission of his self-defense.

On August 4, 2014, at around 11:40, the Defendant: (a) in Geumcheon-gu Seoul Metropolitan Government, considered the victim as seated sections in the male toilet of the first floor of the D building in Geumcheon-gu, Geumcheon-gu, Seoul, that caused the victim to salve the Defendant’s sexual organ with her seat and her seat.

Then, around 12:18 of the same day, the male toilets on the 1st floor of the building E had the victim have his/her own sexual organ by hand, and had the victim promptly put his/her sexual organ into the victim's sexual organ in the drafting.

As a result, the Defendant committed the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement concerning C;

3. Application of each statute of photograph;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and imposes a sentence on the selected children or juveniles;

2. Article 62 (1) of the Criminal Act;

3. Grounds for sentencing under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of the recommended sentencing criteria; and

(a) Determination of types: sexual traffic crime group - sexual traffic crime subject to the age of 19 years - Purchase of sex of children or juveniles;

(b) A special breeder: No person;

(c) Scope of recommendations: Imprisonment with prison labor for a period of ten months to two years and six months (basic areas);

(d) The range of recommended sentences that are modified according to the range of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months (based on the lowest limit of sentencing range of applicable sentences);

3. Criteria for suspension of execution;

(a) Major reasons for participation: No record of criminal punishment (self-esteem elements); and

(b) Reasons for general participation: Indecent reflective elements;

4. This case refers to the defendant's payment of KRW 350,00 in return for C, who is a victim at the age of 15 years.

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