A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

On April 2017, the Defendant promised to remain on the basis of the terms and conditions through the Suwon-si, Suwon-si C, and 102, a smartphone-making app “D”, and promised to purchase the sex of children and juveniles by paying KRW 100,000 in cash, knowing that he/she is a minor, and by doing sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Relevant legal provisions and choice of punishment for the crime: Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Order given to provide community service or attend lectures: Reasons for sentencing under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. Type 1 (the purchase of sex by children and juveniles) in the basic area ( October to June) of the sentencing criteria (the purchase of sex by children and juveniles).

2. The crime of this case committed by the Defendant in order to resolve his sexual desire is not easy for the Defendant to purchase the sex of a juvenile whose perception of sex has not been fully established through smartphone hosting application, but is likely to be criticized in that the crime of buying sex of a juvenile is likely to have a serious adverse effect on the establishment of a proper and sound sexual culture in our society.

In addition, the defendant has already been sentenced to three times of imprisonment, including the past records of sex crimes, a majority of suspended sentence and a fine, and in this respect, it is reasonable to select the sentence against the defendant as imprisonment.

The decision is judged.

However, considering the fact that the defendant would not repeat the crime again because he reflects his mistake, the circumstances favorable to the defendant shall be considered.