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(영문) 서울동부지방법원 2017.08.25 2017고합152
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

The Defendant, at around 23:40 on February 5, 2017, paid tobacco value to D, a child or juvenile, who became aware of through “C”, a smartphone-making app, “C,” 14 years old, me to pay tobacco value.

At the request, the above youth was sent to the FPC room near Songpa-gu Seoul.

Defendant 1: (a) went into Defendant G car at the same time and moved to H in front of the Hanam-si; and (b) went off D’s chest and body, and panty fright, and tried to have a sexual intercourse with Defendant 1,00 won on the ground that D was in her birth, but did not proceed to a sexual relationship and paid KRW 10,00 in return, for that reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statements made in police stenographic records concerning D;

1. Application of Acts and subordinate statutes to police investigation reports ( telephone conversations with reference I);

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of recommendation according to the sentencing guidelines (the type of recommendation) shall be the act of purchasing the sex of children or juveniles from the sexual traffic crime under the age of 19 to the age of 19. There is no type 1 (the act of purchasing the sex of children or juveniles) [the person subject to special sentencing] [the person subject to general sentencing] mitigation element: The strong reflect [the scope of recommendation] basic area: Imprisonment with labor for not less than 10 months to 2 years.

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended execution, the crime of this case is 14 years of age in which the defendant, who is an adult, has not been able to exercise his right to sexual self-determination through a smartphone hosting application to resolve his sexual desire.

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