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(영문) 수원지방법원 안산지원 2016.06.03 2016고합84
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

1. On April 28, 2015, around 12:50 on April 28, 2015, the Defendant sent 200,000 won in cash to the youth F (the age of 16) who was aware of through the painting of the “Del” hereinafter “E” in the marc column located in Gwanak-gu, Seoul Special Metropolitan City.

2. On May 2015, the Defendant contacted F, a juvenile, with F, and provided F, cash 20,000 won and sexual intercourse with F on the pretext of money in the room of the said youth room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes on investigation reports (including the details of account transactions, submission and accompanying documents of suspect account transactions);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes prescribed for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) committed on the first time on May 2015 with heavy penalty];

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: The basic area of crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase, etc. of sex) / [the types of decisions] the purchase of sex of children and juveniles against sexual traffic crimes under the age of 19 years (the purchase of sex by children and juveniles) / the basic area of types 1 (the scope of decisions and recommendations in the sphere of recommendations], 10 months to 2 months;

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of ten months to three years; or

3. Determination of sentence: Purchasing the sex subject to imprisonment with prison labor for not more than ten months and for not more than two years of suspended sentence;

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