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(영문) 서울남부지방법원 2019.10.18 2019고합299

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant is a treatment program to prevent recidivism for 80 hours.

Reasons

Punishment of the crime

【Criminal Power】 On December 14, 2016, the Defendant sentenced ten months to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) in support of the Incheon District Court’s Branch on December 14, 2016, and completed the execution of the sentence at the Sungsung Vocational Training Prison on September 4, 2017

【Criminal Facts】

1. Crimes against juvenile B;

A. On December 29, 2018, the Defendant committed the crime, around 13:00 on December 29, 2018, and around 13:00, in male toilets, the Defendant paid 200,000 won to the juvenile B (n, 14 years old) who became aware of the instant case through E Mesen, in return for sexual traffic, and had a single sexual relationship with the Defendant to purchase the sex of the juvenile.

B. On January 1, 2019, the Defendant committed the crime at around 06:00 on January 1, 2019.

At the same place as described in paragraph B, the above B paid 200,000 won in return for sexual traffic, and made a single sexual relationship to purchase the sex of juveniles.

Accordingly, the defendant had engaged in buying sex of juvenile B twice.

2. Crimes against juvenileF;

A. In the indictment for the crime on February 12, 2019, this part of the date and time of the crime stated “ February 15, 2019.” However, according to the evidence, it is evident that it is a clerical error in the “ February 12, 2019” (Article 154, 476, and 495 of the Investigation Record), and even if the date and time of the crime were corrected as above, it cannot be deemed that the Defendant’s exercise of right to defense would be hindered, and thus, it shall be corrected ex officio.

On February 12, 2019, the Defendant paid 1.50,000 won to juveniles F (the age of 14) who became aware of the Me and Me and Me and Me and Me and Me and paid 1.50,000 won in return for sexual traffic, and had sexual intercourse with the Defendant.

B. On April 2019, the Defendant committed the crime of unfolding on April 2019, at around 23:00, around April 2019, the Defendant paid the price for sexual traffic from male toilets in Yangcheon-gu Seoul Metropolitan Government, to the said F, and the security guards, who attempted to engage in sexual intercourse, enter the above male toilet, is the C apartment corridor stairs.