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(영문) 창원지방법원 진주지원 2014.10.21 2014고단844

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 6, 2013, the Defendant paid KRW 100,000 to juvenile D (n, 16 years of age) who became aware of the trade name in the Jung-dong, Hanam-gun through smartphone hosting at a Moel where it is difficult to find out the trade name in the Jung-dong, Hanam-gun, and provided that he had sexual intercourse with the aforementioned D, thereby purchasing the sex of juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. As to the investigation report (as to the specification of the purchaser)

1. Investigation report (Attachment to a detailed statement of Kakao Stockholm exposure);

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of a permanent D phone statement);

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), the selection of a fine for criminal facts and the selection of a sentence

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. According to Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012), Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the crime of this case is committed with the reason that the defendant purchased the sex of a juvenile who is merely 16 years of age, and the crime of this case is not committed with poor quality of the crime, and the purchase of sex against a child or juvenile may seriously affect the formation of sound sexual values of children and juveniles who have not been formed with the awareness of sex, and thus, it is disadvantageous to the defendant.

However, the defendant recognized his mistake and reflects his depth to leave from E, who is his existing workplace, and the defendant has no criminal history prior to the crime of this case, and other favorable circumstances, such as the defendant's age, character and conduct, family environment, motive and circumstance leading to the crime of this case, and the circumstances before and after the crime of this case, etc., shall be determined as ordered by the order, taking into consideration all the factors of sentencing as shown in the arguments of this case, such as punishment.

A judgment of conviction against the defendant who shall submit personal information.