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(영문) 광주지방법원 순천지원 2018.09.14 2018고단1212

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)

Text

Defendant

A Imprisonment with prison labor of one year and three months, and Defendant C shall be punished by imprisonment with prison labor of one year and six months.

except that this judgment.

Reasons

Punishment of the crime

On August 2017, the Defendants conspired to arrange for engaging in commercial sex acts and divide the consideration into E (M, 15 years old) and F (M, 14 years old), which were known at the time of the termination of the shortage of living expenses due to the absence of a certain occupation.

On September 30, 2017, the Defendants promised to engage in sexual intercourse with J and sexual traffic through the mobile phone-based h h cam cam (hereinafter “H”), from around the end of August 2017, by promising the said E to receive KRW 1.50,00 won from the said J at the same time on the same day. From the end of August 2017, 2017, such as having the E receive KRW 1.50,00 won for sexual intercourse.

9. From around 30, 300, through mobile phone-sharing events, sexual traffic was arranged to the above E and F, children and juveniles, over several times.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies of each protocol concerning the examination of suspect of the police to E, K, and J;

1. Statement made by the police with regard to F;

1. Copy of the police statement concerning L;

1. Currency details;

1. Sending the current status of meetings;

1. Copy of the summary order;

1. Application of Acts and subordinate statutes in Part II of the Nene Map;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 30 of the Criminal Act, and selection of imprisonment, respectively;

B. Defendant C: Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 30 of the Criminal Act; and each choice of imprisonment

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38(1)2, and Article 50 of the Criminal Act, respectively.

1. Suspension of execution;

(a) Defendant A: the main sentence of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act

B. Defendant C: the main sentence of Article 62(1) of the Criminal Act

1. The grounds for sentencing under Articles 21(2) and 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21(4) of the said Act are not much the number of times for the Defendants to arrange sexual traffic to the juveniles, and the Defendants’ benefits acquired from the instant crime are not significant.

On the other hand, the Defendants were guilty.