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(영문) 수원지방법원 안양지원 2015.01.23 2014고합158

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 04:00 on February 18, 2014, the Defendant, within the Defendant’s vehicle parked in the F F parking lot near Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, caused the Defendant to purchase child and juvenile sex by providing KRW 30,00 to H (n, 14 years old) who is a child or juvenile that became aware of in the car page “G” (hereinafter “G”), and by causing a female to defriate the Defendant’s sexual organ and rapidly sexual intercourse with his gender by entering the female.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Evidential Materials);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is selected as a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Under the proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, family environment, social ties, criminal records, and the risk of recidivism) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from order to complete order, the act of sexual purchase against juveniles on the grounds of sentencing should be punished strictly because it may have an adverse effect on the formation of sound sexual values of juveniles.

However, based on the fact that the defendant is the first offender and reflects the crime, the first H introduced his age to the NAC as 20 years, and other similar case sentencing cases, the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the arguments and records of this case shall be determined as ordered.

Where a conviction becomes final and conclusive against the crime in the judgment, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.