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(영문) 인천지방법원 부천지원 2018.01.24 2017고단2680

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 12, 2017, the Defendant: (a) agreed to engage in commercial sex acts by paying KRW 400,000 in cash with the victim D (15 years old) and KRW 400,000 through the “C” at a smartphone-type non-resident location around 21:30 on June 12, 2017; (b) entered into the F Station plaza located in Bupyeong-si E with D with a view to making the said D’s sexual intercourse.

As a result, the defendant recommended the sale of sex to a child or juvenile for the morale of sex, and enticed the child or juvenile.

2. On June 22, 2017, the Defendant agreed to conduct commercial sex acts by paying KRW 140,000 to his/her name influor and cash at a smartphone-type location around 00:20 on June 22, 2017 through the “C” at a smartphone-type location. At the exit No. 7 in Gyeyang-gu Incheon City, Gyeyang-gu, Incheon, the Defendant called the said victims as “Nur” located in Gyeyang-gu, Incheon, in order to perform sexual intercourse with the said victims (e.g., 15 years of age), and the victims (e., 16 years of age).

As a result, the defendant recommended the sale of sex to a child or juvenile for the morale of sex, and enticed the child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of the Acts and subordinate statutes to photograph photographs and CCTV screen images with a closure of the contents of an O conversation;

1. Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- children and juveniles;