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(영문) 수원지방법원 성남지원 2017.05.25 2017고합51

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 2016, 2016, the Defendant promised to purchase the sex by paying KRW 150,000 in cash and sexual intercourse with the Defendant, a juvenile, who became aware of through the “D”, “D” on the early December 2, 2016 of the Defendant’s act of purchasing the sex, and on the same day, he paid KRW 150,000 in cash to the said E in return for sexual intercourse from the GMixed car owned by the Defendant, which was parked on the Defendant’s roads in Sung-nam-gu Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City.

2. On December 2016, 2016, the Defendant promised to purchase the sex by paying 150,000 won in cash to E (the age of 15), which is a juvenile, who became aware of as set forth in paragraph (1) of the Haman on December 12, 2016, and by sexual intercourse, and on the same day, paid 150,000 won in cash to the above E at the residence of the above E, and then purchasing the sex of the juvenile.

3. On January 4, 2017, the Defendant promised to purchase the sex by paying the amount of KRW 150,000 in cash with the amount of KRW 150,00,00 to the above E, a juvenile (n, 15 years of age) who became aware of as stated in paragraph (1) on January 4, 2017, and by sexual intercourse. On the same day, the Defendant paid KRW 150,000 in cash to the above E in the above E’s residence located in the Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, Gyeonggi-do, and provided a single sexual intercourse, thereby purchasing the sex of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to evidence photographs, internal investigation reports (specific regarding the personal information remaining after the purchase of sex);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the most severe judgment of the offense];

1. Article 62 (1) of the Criminal Act (The following sentencing shall be considered in favor of the accused during the period of suspension of execution):

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