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(영문) 울산지방법원 2015.02.12 2014고단2475 (1)

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

13. At around 22:00 on January 10, 2013, Defendant A sent 1.30,000 won to children and juveniles F (V, 16 years of age) who was introduced through Internet hosting at the same place as, around 00:00 on February 8, 2013, Defendant A sent 1.30,000 won to children and juveniles, who were introduced through Internet hosting at the same place.

As a result, the defendant had engaged in buying sex of children and juveniles more than twice in total.

15. Defendant B: (a) around January 13, 2013, the Defendant sent 130,000 won to F (n, 16 years of age) who was introduced through Internet hosting in a mutually unclaimed room in the Nam-gu, Ulsan-gu, Ulsan-gu, Samsan-dong located; and (b) had a female and a single sexual intercourse.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The defendants' suspect interrogation protocol and attached list of police officers, F's photograph

1. Statement made by the police of the F;

1. A copy of the statement made by the police in F;

1. The Defendant asserted that the Defendant and Defendant B’s defense counsel did not know the fact that the Defendant was a juvenile at the time of sexual intercourse with F and F. However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the F’s age is 16 years old and has a lot of gap between F’s age and F and F’s age, not subject to the Act on the Protection of Children and Juveniles against Sexual Abuse, and F’s photograph at the time of each of the instant crimes, following the Defendant’s photograph at the time of the instant crimes, i.e., F’s external appearance and appearance while sexual intercourse with F and sexual intercourse, and their horses, etc.; however, the Defendants were sufficiently informed that F was not older than 19 years old in light of the following facts: (a) the Defendants believed that F was 19 years old and more than 19 years old; and (b) the Defendants believed that F was 19 years old and more than 22 years old.