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(영문) 서울동부지방법원 2017.10.12 2015고합311 (1)

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

For the defendant, sexual assault treatment program for 80 hours (child, juvenile, juvenile, etc.) is provided to the defendant.

Reasons

Punishment of the crime

[criminal records] On February 10, 2014, the Defendant was sentenced to six months of imprisonment for criminal fraud at the District Court of Jung-gu, which completed the execution of the above punishment on August 11, 2014.

[Criminal facts] The Defendant committed from June 3, 2015 to the same year

7. On August 28, 22:00, a notice posted a letter on the contents of arranging commercial sex acts (limited to one-time condition) on the c, D, and E in a place not known to the general public, and employing F (16 years of age), which is female juvenile, (16 years of age), and G (17 years of age), to receive 150,000 won from unspecified male customers when contact with them, and directly set the time, place, and place, the above female juveniles are sent to their place of commercial sex acts, and the above female juveniles are sent to their own cars, and sexual intercourse was made between the above male customers.

As a result, although the Defendant’s indictment was omitted as “business” in the indictment for business purposes, it is apparent that it is a clerical error, this part is corrected ex officio.

Attached Form

A total of 42 times, such as the list of crimes, the act of buying sex of children and juveniles was arranged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of each police in relation to F and G;

1. A protocol of seizure and a list of seizure;

1. The contents of the H dialogue between A and F, photographs of the contents of the H dialogue, the contents of the H dialogue between A and G, and the contents of the H dialogue;

1. Previous convictions in judgment: (A) of a reply to inquiry, copy of the judgment, and application of Acts and subordinate statutes on personal acceptance;

1. Article 15 (1) 2 of the Act on the Protection of Juveniles against Sexual Abuse (including Article 15 (1) 2) of the relevant Act on criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered and to be submitted under Article 48(1)1 of the Criminal Act, the accused shall be punished for a sexual crime.