beta
(영문) 수원지방법원안산지원 2020.11.06 2020고합238

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall purchase sex of a child or youth.

Nevertheless, at around 21:00 on May 21, 2020, the Defendant provided children and juveniles under his/her name (Nam and 17 years of age) with 70,000 won and added a sexual flag into the mouth of the above children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (including the submission of data for reference) to C (tentative name) the police statement (including the details of Twitter dialogue attached);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies to the relevant criminal facts and punishment;

1. Articles 70 (1) 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities [In full view of all the circumstances, including the Defendant’s age and family relation, career, social relationship, health status, criminal records and vision, risk of recidivism, and anticipated side effects by the employment restriction order, it is reasonable to deem that there are special circumstances in which the Defendant’s employment should not be restricted.]

1. Scope of applicable sentences under law: Fines of 20 million won to 50 million won;

2. The range of recommendations based on the sentencing criteria: The sentencing criteria shall not apply as they have been selected by a fine.

3. Determination of sentence: Determination of sentence of a fine of 20 million won shall prevent the healthy growth of children and juveniles at the stage of establishing their sexual identity and values, and shall be equal and sound in our society;