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(영문) 서울북부지방법원 2018.07.13 2018고합157
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. around 18:00 on May 23, 2017, Defendant A, a child and juvenile, who became aware of through mobile phone hosting app “G” at the insular telescope near the F Station in Seoul Special Metropolitan City, Nowon-gu, 250,00 won, and 2.50,000 won for sexual traffic and had sexual intercourse once to purchase child and juvenile sex, and thereafter, Defendant A had the child and juvenile sexual intercourse until July 29, 2017, and had the child and juvenile sexual intercourse five times in total, as shown in the attached Table 1.

2. On June 20, 2017, Defendant B: (a) around 21:00, the Defendant: (b) provided 50,000 won for sexual traffic to the above H, which was known through the mobile phone hosting app K “J” in the vicinity of Seoul Special Metropolitan City, Nowon-gu I Station; and (c) provided one-time sexual relationship with the child and had the child’s sexual intercourse with the child’s sex purchase; and (d) provided, from that time, up to July 29, 2017, Defendant B had the child’s sexual purchase on four occasions, such as the two-year list of crimes in attached Table 2.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of statutes on photographs, financial data, L dialogues, and dialogues exchanged with the Defendants to the victimized juveniles;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which provides for the relevant legal provisions and the choice of punishment for each of the offenses against children;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated Punishment for Concurrent Crimes as provided for in the Act on the Protection of Juveniles from Sexual Abuse (referring to the purchase of sex, etc.) committed on July 29, 2017, with the largest penalty for each offense];

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Grounds for sentencing under the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. From 15 to 15 years of imprisonment with prison labor for each applicable sentences in law;

2. From 10 to 2 years from 10 months of imprisonment with prison labor for each recommendation on the sentencing guidelines (the basic area of sexual traffic crimes subject to less than 19 years of age, and the purchase of child and juvenile sex).

3. Defendant A who was sentenced to sentence: Imprisonment with prison labor for one year, two years of suspended sentence, and Defendant B: imprisonment for ten months and two years of suspended sentence.

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