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(영문) 청주지방법원 2020.07.24 2020고합96

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

No person shall purchase sex of a child or youth.

1. On February 5, 2020, the Defendant: (a) reported the SNS Twitter’s SNS advertising words “conditions South Korea” posted by juveniles B (the age of 16), and contacted the said juveniles; (b) on February 5, 2020, around February 14:30, the Defendant issued cash 200,000 won to the said juveniles in return for the said juveniles’ sexual intercourse with the said juveniles in a room located within the housing area of the building site of the Dongju-si, a reasonable period of Cheongju-si.

2. On February 10, 2020, the Defendant issued a cash of 150,000 won to the said juvenile in return for sexual traffic in an unmanned telecom room as stated in the preceding port at around 12:00 on February 10, 202, and had a sexual relationship once with the said juvenile.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of the Center in relation to B;

1. Application of the reporting of internal investigation and the reporting of internal investigation (verification of CCTV)-related Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for each of the following:

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment provided for in paragraph (2) above);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. A defendant who is not subject to disclosure order and notification order cannot be deemed to be subject to disclosure obligation under Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and cannot be deemed to be subject to disclosure order under Article 50(1) of the same Act premised on the fact that he/she constitutes a person subject to disclosure obligation (see Supreme Court Decision 2015No3, Jun. 23, 2016); and the defendant is not subject to disclosure order and notification order.

1. The Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse to be subject to employment restrictions;