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(영문) 울산지방법원 2018.02.08 2017고단4281

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, from March 2017, through “B”, a mobile phone-based application program from around 2017, becomes aware of the victim C (n, 14 years of age) who is a child or juvenile, and exchanged with the victim, telephone, SNS, etc. on several occasions.

On August 10, 2017, the Defendant received a request from the injured party for delivery of 150,000 won of the daily gift through D, and sent the victim’s message, “on August 11, 2017, at around 10:15, the Defendant sent the victim a message “I will have no first experience,” and “I would like to be pregnant, I would have to do so first, and I would like to do so when I would like to do so, if I would know well of the foregoing defect.”

The victim recommended the victim to sell her sex and refused to engage in the sexual intercourse even after the victim was remitted 150,000 won from the defendant, on August 28, 2017, when the victim was about 16:30,000 won.

Body is math, 300,000 won or less

50.Enmarks

The purpose of this paper is to encourage a child juvenile to sell his/her sex to the victim, such as sending the message.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written request for investigation under suspicion of investigation;

1. Application of Acts and subordinate statutes to the output of a conversation;

1. Selection of a punishment under Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and imprisonment with prison labor for the crime concerned;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse, presented a specific amount to children who are only 14 years of age, and solicited to engage in commercial sex acts, or introduced and recommended them to engage in commercial sex acts, and the contents of the conversation specifically expressed the intent to take the child as his/her sexual desire in light of the seriousness, physical strength, and positive nature of the child’s sexual desire, and the Defendant’s act constitutes sexual intercourse with the child.