Incheon Residence

Jeonnam of the original domicile

2. Kim○-○

Residential Chungcheong City

Reference domicile Chungcheongbuk

3. Maximum○○.

Incheon Residence

Seoul basic domicile

Attorney Yoon-hee (Korean National Assembly Line for Defendant Kim ○○)

To order the Defendants to complete the sexual assault treatment program for 40 hours each time.

The Defendants: (a) as a friendly family member, female juveniles are recruited to raise profits by arranging sexual traffic and collecting brokerage fees; and (b) Defendant Kim ○ decided to play a practical role in the business; and (c) Defendant ○○○ and Kim ○○ decided to do the role of using sex purchase in Internet hosting the male and selling female juveniles to male and female juveniles.

On October 16, 2010: around 00, the Defendants arranged the act of selling sex after receiving KRW 100,000 from a male who is a juvenile in the Nam-gu Incheon Metropolitan City Kim○○ (n, 17 years of age) who is a juvenile, from the male whose name cannot be known, and received KRW 30,000 as a intermediary fee from that time to October 20, 2010, and arranged the act of selling sex more than 330,000 won in total as shown in the list of crimes in the attached Table.

Accordingly, the Defendants conspired to act as a broker for the purchase of sex by juveniles as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement on Kim○-○;

1. A report on investigation (to make a telephone investigation and Internet investigation);

Application of Statutes

1. Article applicable to criminal facts;

Article 12(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 of the Criminal Act.

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 200Do139, Apr. 1, 2002)

1. Order to complete programs;

The registration of personal information of Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Where each conviction against the Defendants on the instant criminal facts is finalized, the Defendants constitute a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

As such, it is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act.

Judgment on the defendants' and defense counsel's arguments

Considering the scale, recovery, period, and the profits gained therefrom, the Defendants and defense counsels asserts that it is difficult to view the Defendants as their business the act of arranging the sexual intercourse of juveniles.

In light of the following circumstances, the issue of whether the Defendants engaged in the act of arranging the above acts of purchasing sex by 00,000 won or more should be determined in accordance with ordinary social norms by comprehensively taking into account whether the above acts were repeated, the purpose, size, frequency, and patterns of the act (see Supreme Court Decision 2007Do1674, May 10, 200). The following circumstances acknowledged by the evidence of the judgment, namely, the Defendants began to engage in the act of arranging the above acts of purchasing sex by 30,000,000 won, which are necessary money for the opening of the business, and even if it is deemed that there were profitability, the Defendants had the intention to keep and repeat the act of arranging the above acts of purchasing sex by 30,000 won until 5,000,000,00000,0000 male and female juveniles want to engage in commercial sex acts for 11 days, and thus, the Defendants’ act of arranging or suspending the act of selling sex acts by 3 female youths.

The grounds for sentencing 00 years: Imprisonment with prison labor for not less than three years and not more than 6 months but not more than 15 years;

○ Aggravation Sentencing

The crime of this case is committed by employing juveniles who are to be protected so that they can have a correct sexual value and grow up and engage in the business of arranging sexual traffic, and the crime is not good in light of their social risk and possibility of criticism, the employment of three juveniles and the frequency of mediation is up to 11 times, and the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Trade, etc.) of this case shall be punished by imprisonment for a limited term of not less than 7 years. Thus, as long as there are no other legal grounds for mitigation, it is impossible to sentence a suspended sentence of imprisonment for not less than 3 years and 6 months, even if mitigation is inevitable.

○ mitigated sentencing factors

The period of crime is short and the profits from the crime is only 30,000 won, and all the defendants are 26 years of age, and there is no initial or minor criminal record or fine, and confession and their errors are often divided in depth.

Considering the above sentencing factors, the Defendants were sentenced to three and half years of imprisonment with labor, which is the lowest sentence of each applicable sentence, and orders to complete sexual assault treatment programs necessary for the prevention of recidivism are concurrently imposed.

Judges Guide-Council

Judges Lee Jae-hoon