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(영문) 광주지방법원 순천지원 2015.06.11 2015고합69
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

1. 피고인은 2015. 1. 29. 18:00경 순천시 C에 있는 D모텔 호실 불상의 방에서 스마트폰 채팅 애플리케이션 ‘즐톡’을 통하여 알게 된 아동청소년인 E(여, 14세), F(여, 14세)에게 20만 원을 주고, F으로 하여금 입으로 피고인의 성기를 빨게 하고 E와는 1회 성관계하여, 아동청소년의 성을 사는 행위를 하였다.

2. On February 2, 2015, around 15:00, the Defendant: (a) provided F with KRW 1.50,00 to Gmototo 609 located in Net City C; and (b) had sexual intercourse once with F, thereby purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (verification of the appearance of juveniles);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides the corresponding legal provisions and the choice of punishment for the crimes;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes with regard to F on February 2, 2015, which is the largest penalty];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55(1)3 of the Criminal Act);

1. Article 62(1) of the Criminal Act on the suspended sentence (The following factors are repeatedly considered for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of this case exempt from disclosure order is a sex offense against a child or juvenile, and does not constitute an offense subject to disclosure order under Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

There are no previous sex offenses prior to the instant case, and considering the Defendant’s age, family environment and social ties, benefits and preventive effects expected by an order to disclose information, and disadvantages and side effects resulting therefrom, there are special circumstances that may not disclose the Defendant’s personal information.

3. Defense counsel;

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