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(영문) 서울남부지방법원 2015.04.03 2014고합323

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

At around 02:00 on September 27, 2013, the Defendant provided children and juveniles E (n, 14 years of age) with 100,000 won and sexual intercourse, thereby purchasing child and juvenile sex.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Second police suspect interrogation protocol regarding E;

1. The investigation report (E video recording investigation) (the defendant and his defense counsel asserted that E was not aware of the fact that he was a child or juvenile at the time of the instant case, but considering the age, physical build, appearance, appearance, and the fact that E was a minor at the investigative agency, it is reasonable to deem that the defendant was aware of the fact that E was a child or juvenile at least the fact that E was a child or juvenile).

1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is selected as a penalty;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. To impose an order to complete a program, in principle, on a defendant who has committed a sex offense against a child or juvenile exempted from order to complete a program, inasmuch as he/she declares the conviction of a fine (Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse). However, this case was executed by the trial at the request of the defendant for a formal trial after a summary order was issued, and a summary order did not impose an order to complete a program under Article 457-2

(See Supreme Court Decision 201Do8736 Decided September 27, 2012). 1. The Defendant did not impose an order to disclose or notify to the public in the summary order of the instant case, which was exempted from the disclosure order and notification order, thereby prohibiting disadvantageous changes by Article 457-2 of the Criminal Procedure Act.