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(영문) 창원지방법원 마산지원 2021.01.15 2020고합79

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2019, the Defendant, at around 23:40, paid KRW 130,00 in compensation for the act of sexual intercourse with E (A, 15 years of age) a juvenile who became aware of through D’-rating fluence in Changwon-si Masan Bel C, Changwon-si.

As a result, the defendant was committing the act of purchasing sex of E, a child or juvenile.

Summary of Evidence

1. Protocols concerning the examination of the police officers in relation to the defendant's legal statement F, G and H;

1. A report on seizure and a list of seizure of each police statement made to E, I, and H;

1. The application of statutes to investigate, report and reply on currency details, recovery details submitted by victims, reports on results of digital evidence analysis, and school violence cases;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020), which amended that an order to disclose or notify disclosure of a non-disclosure order to a “sexual crime against children or juveniles” shall not apply to the instant crime committed by the Defendant prior to the enforcement of the aforementioned Act pursuant to Articles 1 and 3 of the Addenda of the same Act (amended by May 19, 2020).

Although the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse falls under “sexual crimes against children and juveniles” as prescribed by Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, it does not fall under “sexual crimes against children and juveniles” as prescribed by Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, it is subject to an order of disclosure and notification as prescribed by Articles 49 subparag. 1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse.