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(영문) 인천지방법원 부천지원 2016.06.17 2016고합62

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 15,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On November 29, 2015, Defendant A: (a) paid KRW 130,00 to I (n, 15 years of age) a juvenile who had met through B, and had sexual intercourse with the said juvenile, thereby purchasing sexual intercourse with the said juvenile.

2. On November 29, 2015, Defendant B promised with Defendant B to give mobile phone numbers to the said I via B and pay mobile phone rates instead of mobile phone numbers to the said I, and promised with the said juveniles to engage in sexual intercourse once or twice a week with the said juveniles.

A. On November 29, 2015, around 02:00, the Defendant: (a) issued a mobile phone to the said juvenile; and (b) provided that the said juvenile had sexual intercourse with the said juvenile, thereby purchasing the sex of the juvenile.

B. On November 30, 2015, around 19:30 on November 30, 2015, the Defendant engaged in sexual intercourse with the said juvenile in the “Kel” located in Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Investigation report (to hear and record I telephone statements);

1. Application of Acts and subordinate statutes to data by cutting down the conversation and cutting CCTVs;

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. Aggravated concurrent crimes by Defendant B: the aggravated punishment of a fine provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment of concurrent crimes by a fine provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse on November 30, 2015, with a heavier penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

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

1. In a case where a conviction becomes final and conclusive for each of the crimes stated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the Defendants shall be subject to the provisional payment order.