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(영문) 의정부지방법원 고양지원 2017.02.03 2016고합248

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 10 million won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On May 14, 2016, the Defendants conspired to commit the joint crime of the Defendants and exchanged messages using H(15 years old) and smartphone display lines that they came to know through Defendant A’s smartphone “F” application at the Seoyang-gu E 808 parking lot, Seoyang-gu, Seoyang-gu, Mayang-gu, Mayang-gu, 208. The Defendants recommended H to sell sex, such as proposing “2:1 sexual intercourse and paying KRW 2.50,000 in return.”

Defendants continued to be on the same day 22:00 on the same day, and Defendant A was parked in the Republic of Korea at around 1, 22:00 on the same day.

J at K5 vehicles, H and one time of sexual intercourse, and Defendant B waiting out of the vehicle to observe sexual intercourse within the above vehicle.

As a result, the Defendants conspired to purchase child or juvenile sex of H.

2. On July 21, 2016, Defendant A requested KRW 1.50,000,000 not paid by the Defendant from the Victim H (A, 15 years of age) to L parks located in Yongsan-gu, U.S., U.S. on July 21, 2016, and from the victim H (V, 15 years of age), among the proceeds of sexual traffic as referred to in paragraph (1), Defendant A used the victim’s desire to “sal, illness, year to the effect of the occurrence of the group, hys, hys, and ma” and used the victim’s desire to take a part of his/her clothes by drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A criminal investigation report (related to attaching details of conversations between suspects and victims);

1. Investigation report (suspect A mobile phone-related investigation);

1. Application of Acts and subordinate statutes to a criminal investigation report (in relation to submission B by a suspect);

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

A. Defendant A: Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 30 of the Criminal Act (the purchase of children’s sex, the choice of imprisonment with labor) and Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment with labor)

B. Defendant B: Article 13(1) of the Act on the Protection of Juveniles against Sexual Abuse; Article 30 of the Criminal Act (Optional to Penalty)

1. The aggravated Defendant A: the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment is added).