2018Gohap243 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.)

A

Maok-young (prosecutions) and Kim Jong-chul (public trial)

Attorney B (Korean National Assembly)

April 27, 2018

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Criminal facts

【Criminal Power】

On February 6, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of attracting minors in the Daejeon District Court's Incheon District Court's branch, and completed the execution of the sentence on November 12, 2014.

【Criminal Facts】

On July 2017, the defendant puts a letter "C" on a mobile phone-based mobile phone-based type display "C, 30,000 won," and reported and contacted D (15 years of age) with South Korea, and D (15 years of age) knew D that D is a juvenile and had a sexual relationship with D with its awareness that D is a juvenile.

1. On July 2017, 2017, the Defendant parked the Defendant’s friendly car on the alleyway near the F Middle School located in Dongjak-gu Seoul Metropolitan Government, and provided D with the payment of 30,000 won for sexual traffic at the back of the lower seat and provided D with a single sexual intercourse to purchase juvenile sex.

2. On November 2017, the Defendant parked the Defendant’s passenger car in the parking zone located in Dongjak-gu Seoul Metropolitan Government, and provided D with the payment of 30,000 won for sexual traffic at the back seat, and 30,000 won for sexual traffic once, and purchased the sex of D, a juvenile.

3. On November 26, 2017, around 16, 16:00, the Defendant: (a) was located in Dongjak-gu Seoul Metropolitan Government H [the Moel with a sexual traffic price of KRW 30,000 and a single sexual intercourse with a juvenile for once; and (b) on December 13:0, 2017, the Defendant provided D with a sexual traffic price of KRW 30,000 and a single sexual intercourse with a juvenile for purchase of Category D, a juvenile. The summary of the evidence was the Defendant’s act of purchasing sexual intercourse with D around December 13, 200.

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (related to appending contents of communication with Handphones);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation reports, and 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. Aggravation of repeated crimes;

Article 35 of the Criminal Act 【Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Purchase, etc.)】

1. Aggravation of concurrent crimes;

The punishment of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be the largest sentence of Article 37 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex Purchase, etc.)

1. Order to complete programs;

The main text of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the prosecutor also seeks to order the defendant to disclose and notify personal information prescribed by Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse. However, each of the crimes in this case does not constitute a "sexual crime subject to disclosure and cleaning" prescribed by each of the above provisions as an object of disclosure and notification order, and a "sexual crime subject to children and juveniles against children and juveniles under the age of 13" against children and juveniles under the age of 13. Accordingly, the defendant is not subject to disclosure and notification

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 30 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: The act of purchasing the sex of a child or juvenile from a sexual traffic crime under the age of 19 years in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (determination of a type) on July 2017 (the act of purchasing the sex of a child or juvenile)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from one year to two years, and six months (in cases where the scope of sentence is inconsistent with the scope of applicable sentences under law, it shall be subject to the lowest limit of applicable sentences under law; hereinafter the same shall apply).

(b) The first concurrent crime: The act of purchasing the sex of a child or juvenile from among the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the determination of a type) (the act of buying the sex of a child or juvenile) (the act of buying the sex of a child or juvenile) on November 2017;

【Special Convicted Person】

[The area of recommendation and the scope of recommendation] Basic area, one year to two years, and two years and six months. The second concurrent crimes: around November 26, 2017: the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Corrupt Practices, etc.) [Determination of the type] the crime of sexual traffic under the age of 19 years, the act of purchasing the sex of children and juveniles (the act of purchasing the sex of children and juveniles).

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor from one year to two years and six months

(d) Scope of recommendations and punishments imposed according to standards for handling multiple crimes;

From one year to four years of imprisonment (the two years and six months of imprisonment, which is the upper limit of the scope of sentence for the first concurrent crime, 1/2 of imprisonment with prison labor for one year and three months and 1/3 of the upper limit of the scope of sentence for the second concurrent crime)

3. Each of the crimes of this case on which a sentence of punishment decision was rendered is likely to have purchased sex four times from a juvenile who became aware of through mobile phone-type display, and the nature of the crime is not good. This is likely to be adversely affected by juveniles in the future to form a sound sexual values and a sense of respect for oneself. In particular, the Defendant committed a crime described in paragraph 1 in the judgment during the period of repeated crime. The Defendant committed a repeated crime, and the repeated crime committed a repeated crime as well as the repeated crime committed a sexual relationship is also very similar to each of the crimes of this case and the applicable law. Such circumstances are disadvantageous to the Defendant.

However, the Defendant is recognizing the Defendant’s mistake, and is against the Defendant’s age. In addition, these circumstances are considered as favorable to the Defendant. In addition, the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the Defendant’s crime, and other various sentencing conditions specified in the trial process of the instant case, such as circumstances after the crime, shall be determined as ordered by a comprehensive consideration.

Registration of Personal Information

Where a conviction becomes final and conclusive on each crime in the judgment, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency in accordance with Article 43

It is so decided as per Disposition for the above reasons.

The presiding judge and the deputy judge;

Regular Category of Judges

For judges the last place: