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(영문) 서울남부지방법원 2013.06.21 2012고단3611

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall purchase sex of a child or youth.

1. On April 14, 2012, around 10:30 on April 14, 2012, the Defendant: (a) promised to use a mobile phone at the location of the Cmotoir in Geumcheon-gu Seoul, Geumcheon-gu, as the cycle of the mobile phone; (b) promised to use a mobile phone at the age of 16 to make a sexual relationship with D and once; and (c) provided D Samsung 2 mobile phone per cash in return for sexual traffic.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

2. On April 18, 2012, around 06:30 on April 18, 2012, the Defendant: (a) promised to give consideration to juveniles D (in female, 16 years of age) within the Geumcheon-gu Seoul Metropolitan Government B’s cirst room; and (b) provided D with cash in return for sexual traffic.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. A protocol concerning the suspect examination of the defendant or D;

1. Statement of D police statement;

1. Application of seizure records to Acts and subordinate statutes;

1. Article 10(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) and the selection of fines for criminal facts

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

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant alleged that he committed an act that may adversely affect the sound growth of D, a juvenile who has not yet been able to be sexually familiar (i.e., the police) but rather has sexual intercourse with one another without being divided by the police (i.e., the investigation record 181 pages), and the criminal records of the defendant, the criminal records of the crime of this case, the circumstances, means, methods, results, etc. of the crime of this case

When this judgment becomes final and conclusive, the accused shall be punished for sexual crimes.