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(영문) 광주지방법원 2015.01.30 2014고합593

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. around July 201 to August 8, 2013, Defendant A: (a) committed an act of purchasing child and juvenile sex by 100,000 won through a cell phone-based marculing mar from “G” unmanned telecom,” which is located in “G,” 11:00,000 (hereinafter “H”); and (b) sexual intercourse at one time.

2. Defendant B: (a) around February 2014 to March 3, 2014, the Defendant engaged in the act of purchasing child and juvenile sex by selling 150,000 won to H who had come from the her cell phone-type fel through the “H” through a cell phone-type fel, and by selling 150,000 won to her sexual intercourse.

3. 피고인 C 피고인은 2014. 1. 초순 무렵 12:00 전남 화순군에 있는 불상의 공장 다리 아래에 주차한 I SM7 승용차 안에서 휴대전화 채팅 어플인 ‘즐톡’을 통하여 만난 H에게 10만 원을 주고 1회 성교함으로써 아동청소년의 성을 사는 행위를 하였다.

Summary of Evidence

Each fact in the judgment

1. Each statement made by the Defendants in compliance with this Act;

1. Since the statement of H prepared by the assistant judicial police officer (victim) can be recognized by comprehensively taking into account the statements and records fit for them, all of them are proven.

Application of Statutes

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered in light of favorable circumstances among the grounds for sentencing);

1. Suspension of execution;

A. Article 62(1) of the Criminal Code of Defendant A (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code is clear in a social and family relationship, such as the possibility and need for edification within society, because the criminal defendant has no history of criminal punishment, committed the crime in the first instance and seems to have low risk of recidivism, and the criminal defendant is working as a senior researcher of J Co., Ltd. and supports three years old children).

B. Article 62 of the Criminal Act of Defendant B