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(영문) 부산지방법원 2015.03.27 2014고합729

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

Text

A defendant shall be punished by imprisonment for one year.

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 14, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) gave 150,00 won as the price for sexual traffic to E (n, 17 years of age) who is a child or juvenile in an influence room located in the five-story area in Busan Dodo-gu, Busan, and provided 150,000 won as the price for sexual traffic at that place to E and twice.

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

2. 공갈 피고인은 2014. 8. 14. 03:00경 제1항과 같은 장소에서 위와 같이 피해자 E에게 성매매 대금 명목으로 15만 원을 주고 성교 행위를 한 후 그 돈을 돌려받기 위하여 피해자에게 “돈 줘봐, 나는 경찰보다 무서운 사람이다, 니같은 애들 잡기 위해서 이런 조직을 만들었다, 이런 거 하지마라, 다음부터 나한테 걸리면 죽는다.”라고 겁을 주었다.

As such, the Defendant got 150,000 won from the victim who frightened the victim and received frighten from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the police protocol of statement to F;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 350 (1) of the Criminal Act (which means the purchase of child or juvenile sex, the choice of imprisonment), and Article 350 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment];

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

1. Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification orders;