2018Gohap252 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.)

A

Dogman (prosecution) and Kim Young-Nam (Trial)

Law Firm (LLC) B

Attorney C

April 26, 2018

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to take lectures to prevent sexual traffic for 40 hours.

Criminal facts

At around 11:00 on December 10, 2017, the Defendant promised to offer the price to He (the age of 15) of KRW 50,00 and tobacco 3,00,000 to the youth Ha (the age of 15), who was parked in the E-parking parking lot located in Dongjak-gu Seoul Metropolitan Government D, through the mobile phone hosting app “G.” Accordingly, the Defendant promised to offer the price, thereby buying sex with the youth.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Reports on internal investigation (Attachment to the details of international investigation) and reports on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

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

1. The legal applicable range of sentencing

From 1 to 10 years of imprisonment;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Types] The purchase of sex of children and juveniles by sexual traffic crimes under the age of 19 years in the Act on the Acquisition of Sex Acts and subordinate statutes (the purchase of sex of children and juveniles)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of 10 months to 2 years

[Scope of the revised sentencing] One year to two years, and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range in law, and therefore the lower limit of the applicable sentencing range in law is set at the minimum limit of the applicable sentencing range).

3. Determination of sentence;

The crime of buying sex of a juvenile is highly likely to have a serious adverse effect on the sexual identity and values of the juvenile who is at the stage of establishing the sexual identity and values, and is encouraging the juvenile to engage in sexual acts for the purpose of money and other valuables, so it is necessary to punish the juvenile strictly. The crime of this case is committed on the part of the defendant in return for promising the defendant to pay the 15-year-old juvenile who became aware of through smartphone hosting to pay the price for sexual intercourse, and it is not good that the crime is committed in light of the circumstances leading to the crime, details and attitudes of the crime, etc.

However, the Defendant recognized all the instant crimes from the investigation stage to reflect his mistake. The Defendant is an initial offender who had no record of criminal punishment prior to the instant case. The Defendant does not commit a second offense, such as taking preventive education for sexual traffic, in order to correct his/her wrong sexual concept, and the Defendant’s consciousness wanted to have the Defendant’s wife.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments, such as the Defendant’s age, character and conduct, family relationship, motive and background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

The presiding judge, the Gimology judge

Judges Kim Gin-young

Judges, Senior Jins