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(영문) 제주지방법원 2019.05.23 2019고합45

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2018, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed commercial sex acts by giving KRW 100,00 in cash as a price for commercial sex acts to E (F) who was aware of the age of 21 years through a mobile phone-rating app “D” from a building C located in Suwon-si, Suwon-si, Suwon-si, a mobile phone-rating app, and engaging in commercial sex acts.

2. On November 2018, the Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) knew that he/she was a child or juvenile on the ground that he/she was a child or juvenile at the Defendant’s low-end H parking lot located in Suwon-si G through the mobile phone hosting app “I” and even though he/she was aware that he/she was a child or juvenile at the age of 18 from the age of 18,000, he/she had 150,000 in cash as a consideration for sexual traffic and had sexual intercourse with her child or juvenile purchase

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes to Defendant-related data and photographs stored in the E mobile phone;

1. Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of sex purchase and the choice of imprisonment with labor);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes within the scope of adding up the long-term punishment of two crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Discretionary mitigation (The following extenuating circumstances among the reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62(1) of the Criminal Act, which is the most favorable reason for suspended execution (hereinafter referred to as the following grounds for suspended execution):

1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of this case under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restriction, shall be against the protection of children and juveniles against sexual traffic;