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(영문) 수원지방법원 안산지원 2016.08.19 2016고합182
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 April 5, 2016, at around 04:00, the Defendant confirmed the age of D (a name, leisure, 15 years old) using the hosting function of "C" in the French-gu Seoul Metropolitan Government Friphone-dong, and agreed to engage in sexual traffic in KRW 1.50,000,000.

At around 04:56 on the same day, the Defendant met D at the exit of the F Station No. 3 located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, at around 05:10 on the same day, and entered into a single story room in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, at around 05:10, and paid KRW 150,000 in cash in return.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each protocol concerning the examination of suspect of the police against H, I, and J;

1. Copies of each police statement made to D;

1. A report on investigation (to attach telephone details);

1. Application of the contents of conversation and the Acts and subordinate statutes governing telephone conversationss;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of a sentence concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. 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. The basic area of the recommended punishment according to the sentencing guidelines [the types of determination] and the basic area of the recommended punishment [the scope of the recommended punishment], October to June, 200, the basic area of the child and juvenile sexual traffic crimes subject to the age of 19 and the sexual traffic crimes subject to the age of 19.

3. The criminal defendant committed a sex purchase crime against a female juvenile who is under 15 years of age with a view to pursuing sexual humiliation, and a sex purchase crime against a juvenile is not only infringing on the human rights of the juvenile concerned, but also has a serious adverse effect on the establishment of a proper and sound sex culture in our society.

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