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(영문) 부산지방법원 동부지원 2015.06.19 2015고합41

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

At around 15:00 on September 12, 2014, the Defendant, within the Defendant’s passenger car located in the studio underground parking lot in the Geum-dong, Geum-dong, Busan, under the condition that the Defendant would share the vehicle to get off to J (Y, 15 years of age) who is a child or juvenile who met through smartphone hosting, thereby allowing the Defendant to promptly teach the Defendant’s sexual intercourse for about 10 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made to J;

1. Application of Acts and subordinate statutes to dialogues with J, investigation reports (reports on the screen by cutting off the suspect, victim K-recordings) and investigation reports (reports on accompanying data related to the victim's resident registration) divided into K;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is selected as a penalty;

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 crime of this case on the grounds of sentencing under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse, even though the defendant, as an adult, has a social responsibility to protect and induce the defendant to form a sound sexual morality, it is not easy to say that the crime of this case, even if the awareness of sex was properly formed, causes the child or juvenile who was merely 15 years old, to attend a lecture in return for the provision of convenience necessary for running away after purchasing the sex of the child or juvenile.

However, in light of the circumstances, it is difficult to see that the defendant actively induceds the targeted child or juvenile, the defendant has yet to form a stable relationship with his/her young age and family members, and the social relationship is clear, and the defendant reflects the past and the mistakes that the defendant committed in the past, etc., a sentence like the order shall be sentenced in consideration of the favorable circumstances.

Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered, the accused shall be a sexual crime.