beta
(영문) 제주지방법원 2020.09.21 2020고합46

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등

Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

The defendant shall be prevented from arranging sexual traffic for 40 hours.

Reasons

Punishment of the crime

The defendant and B, taking advantage of the circumstances in which the victim C (a family name, a female, 14 years old) went to a mixed hotel, collected money from the victim in return for sexual intercourses with men by arranging sexual traffic to the victim.

Accordingly, at around 00:00 on January 27, 2020, the Defendant and B sought a victim living in D hotel and proposed that the victim be engaged in sexual intercourse with approximately KRW 25:3 million at one time. Upon the victim's consent, the Defendant and B received the victim's sexual intercourse with the victim at around 04:00 on the same day. At around 04:00, the Defendant and B received the victim's sexual intercourse with the victim on the 13th non-story number of hotel rooms of the same hotel, where the victim recruited sexual intercourse with the male purchase and promised to receive the victim's sexual intercourse with 2.5 million won from the date and time to February 2, 2020.

As a result, the defendant conspired with B to arrange the purchase of sex by children and juveniles.

Summary of Evidence

1. Each legal statement of witness B and C;

1. Each police statement of C;

1. Each protocol of interrogation of some police officers as to B;

1. Application of Acts and subordinate statutes to report on investigation (receiving requests for the protection of victims, etc.);

1. The defendant and his/her defense counsel alleged that the date and time of brokerage of sexual traffic is not specified in the facts charged, while the facts charged constitute a comprehensive crime repeated by the same intention, as brokerage of sexual traffic constitutes a brokerage of sexual traffic, Article 15 (2) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 of the Criminal Act (hereinafter collectively referred to as imprisonment with labor) of the Act on the Protection of Children and Juveniles against Sexual Abuse.