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(영문) 수원지방법원 2017.09.07 2017고합483
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

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.

Reasons

Punishment of the crime

On June 23, 2017, the Defendant: (a) around 18:58, 2017, the Defendant, within the E-stro stud 2 underground parking lot 3 underground parking lots of Young-gu D Apartment, Young-gu, Suwon-si, by paying the commercial sex acts of KRW 140,00 in total to juveniles G (n, 15 years of age) and H (n, 15 years of age) and engaging in similar behavior with the method of assessing sexual intercourse from the above women by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A H statement;

1. Application of Acts and subordinate statutes to hosting screen pictures;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of Article 21(2) main sentence and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 the accused is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. The act of purchasing the sex of children or juveniles from the sexual traffic crimes under the age of 19 years (the scope of recommended punishment) and the basic area of the category 1 (the act of purchasing the sex of children or juveniles) [the scope of recommended punishment], October through February 2 from the sentencing guidelines (the lowest limit of the range of punishment recommended by the sentencing guidelines is lower than the lower limit of the statutory applicable sentencing range, so the lower limit of the applicable sentencing range is set at the lower limit of the applicable sentencing range in law).

3. The act of buying sex of the juvenile whose sentence is to be pronounced is likely to have an adverse impact on the juvenile at the stage of forming sexual values, and to encourage the juvenile to commit sexual acts for the purpose of money and other valuables.

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