beta
(영문) 대구지방법원 2015.04.23 2014고단5836

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)

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

피고인은 2014. 5.경부터 2014. 6.경까지 경북 경산시 C, 205호에 있는 피고인의 집에서, 스마트폰 어플리케이션 ‘즐톡’을 이용하여 불특정 다수의 남자 손님들을 모집하고, ‘1대1’ 성관계의 경우에는 약 10만 원, ‘2대1’ 성관계의 경우에는 약 20만 원을 받고 손님들로 하여금 청소년인 D(여, 18세), E(여, 16세)과 성매매를 하게 하는 방법으로 청소년의 성을 사는 행위를 알선하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. The application of the Acts and subordinate statutes to attach 16 copies of photographs, and screeners and screeners;

1. Article 15 (2) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to

The reason for sentencing is that the crime of this case is against the legislative purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse, which aims to protect juveniles from sexual crimes and help juveniles grow up as healthy members of society, and its nature is not good.

However, it appears that the defendant committed the crime of this case by asking that he did not engage in commercial sex acts at the time when he first became aware of the sexual sex acts of D, which had been living together, even though he did not want to do so (see D police statements, investigation records, e.g., page 214).