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(영문) 대구지방법원 2017.07.14 2017고합156

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

In addition, on February 20, 2017, the claimant for the order to observe the protection (hereinafter referred to as the "defendant") has access to the "C", which is carried out on his/her mobile phone at the place of 09:20 on February 20, 2017, and then, he/she is children and juveniles D (n, 16 years of age) who is a child and youth, to the "C" bulletin board of the "C".

The article posted to the purport that “A” was read, and the above D and the above “C” were 1.50,000 won for commercial sex acts, and agreed to go to a nearby her to a neighboring hertoves before the F Fception in Daegu Northern-gu E, and then the above D would go to the future of F Fception in Daegu Northern-gu, Daegu Northern-gu, 1000 on the same day.

As a result, the defendant recommended children and juveniles to sell sex in order to sex of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes to a photograph or D following the closure of message details;

1. Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has been adopted to commit a crime;

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

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

1. Where a conviction against a defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the crime of this case was recommended by the defendant to sell sex to children and juveniles and actually taken place as a place of promise. Such a crime is not only an infringement on the human rights of children and juveniles whose awareness of sex has not yet been formed, but also an adverse effect on the settlement of sound sexual culture in our society.

(b) however,