beta
(영문) 서울동부지방법원 2016.07.14 2016고합134

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. From around 12:00 on November 30, 2014 to around 18:00 on the same day, the Defendant paid KRW 40,00 in return for commercial sex acts to E (Wing, 14 years old) who became aware of through Internet hosting, and provided a single sexual intercourse to purchase the sex of juveniles.

B. On April 29, 2015, from around 12:00 to around 18:00 on the same day, the Defendant paid KRW 40,00 in return for sexual traffic to E, a juvenile who became aware of, as above, paid KRW 40,00 in return for sexual traffic, and provided two-time sexual intercourses to purchase the sex of juveniles.

(c)

On August 2, 2015, from around 12:00 to around 18:00 on the same day, the Defendant paid KRW 40,00 in return for sexual traffic to E, a juvenile, who became aware of in Seoul Songpa-gu within the scope of “G” 803 E, located in Songpa-gu Seoul, and provided one-time sexual intercourse to purchase the sex of juveniles.

(d)

On January 5, 2016, between around 21:50 and around 08:00 on January 6, 2016, the Defendant agreed to pay KRW 500,000 in return for sexual traffic to E, a juvenile, who became aware of in Seoul, within 802 “I unmanned hotel” located in Gangnam-gu Seoul, Gangnam-gu, to pay KRW 50,000 in return for sexual traffic, and had the juvenile purchase sexual intercourse five times.

2. 사기 피고인은 2016. 1. 5. 21:50 경 서울 강남구 H에 있는 ‘I 무인 호텔’ 802호 내에서, 인터넷 채팅을 통해 알게 된 청소년인 피해자 E에게 ‘ 나랑 같이 하룻밤을 보내면서 성관계를 가지면 성매매 대가로 50만 원을 주겠다 ’라고 거짓말을 하였다.

However, as the defendant did not have any particular property or income and did not have cash from the beginning, there was no intention or ability to pay money in return for sexual traffic.

The defendant, by deceiving the victim as such, is exempted from the payment of 500,000 won for sexual traffic by committing sexual intercourse with the victim and deceiving him.