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(영문) 서울북부지방법원 2017.03.24 2017고합18
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

On October 17, 2016, around 18:50 on October 17, 2016, the Defendant promised to conduct a similar sexual intercourse under the condition that “E hotel” in Seongbuk-gu Seoul Metropolitan Government “F” from “F”, which is a smartphone-rating fluor, would give 150,000 won in cash as the price for commercial sex acts, and had the above G perform a similar sexual intercourse once by having the Defendant take charge of the Defendant’s sexual organ using his/her entrance and hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photograph the message sent to and received by the victim and the other party;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of the recommended punishment according to the sentencing criteria: Imprisonment with prison labor for not less than ten months nor more than two years and six months.

3. Determination of sentence: 10 months of imprisonment with prison labor and 2 years of suspended sentence mean that the defendant, who is an adult, purchases the sex of a juvenile with weak ability to judge without completely establishing the awareness of sex, and that the crime of this case is bad, and the purchase of sex of a juvenile not only infringes on the human rights of the juvenile concerned, but also has a serious adverse effect on the establishment of a proper and sound sexual culture in our society, so that such crime is not repeated, it is necessary to punish the juvenile with severe punishment for general prevention.

However, it is necessary to comprehensively consider all the sentencing conditions of the instant case, including the fact that the Defendant currently engages in community service activities, etc., the fact that the Defendant has no record of crime during that period, and the character, character, environment, family relationship, etc. of the Defendant.

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