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(영문) 춘천지방법원 원주지원 2019.07.11 2019고합22

성매매알선등행위의처벌에관한법률위반(성매매)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 3, 2018, the Defendant: (a) provided 150,000 won and provided her so-called “hereded couple” twice; (b) provided that, around October 3, 2018, the Defendant provided her sexual intercourse with C in the Defendant’s vehicle set up in the shop parking lot located in the Hanju-si B Apartment-si, Seoul, and (c) provided her sexual intercourse with C on October 4, 2018, followed up two hours later on October 4, 2018.

2. Around October 21, 2018, the Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse (or 14 years of age), was aware of the fact that he was a juvenile, committed an act of purchasing child and juvenile sex by providing 350,000 won in return for sexual intercourse, and 350,000 won in return for sexual intercourse with C and a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C prepared by the assistant judicial police officer;

1. Entry in a complaint prepared by C;

1. Each statement in the investigation report (the sequence 4, 5, 6, 12 in the list of evidence);

1. Application of the Acts and subordinate statutes that describe the particulars of modernization;

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and the occupation of selective purchasing of punishment: Article 21 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum amounts of the crimes referred to in the Act on the Protection of Children and Juveniles against Sexual Abuse, Etc., with heavier punishment)

1. Mitigation of discretionary punishment: Articles 53 and 55 (1) 6 of the Criminal Act (Reasons for the punishment of discretionary punishment);

1. Article 70 (1) and Article 69 (2) of the Criminal Act for the inducement of a workhouse;

1. Order to complete a program, etc. under the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The effect of preventing re-offending even with the completion of a program, the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the proviso to Article 59-31 of the Welfare of Persons with Disabilities, and the registration of personal information,