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(영문) 서울동부지방법원 2014.10.10 2014고단1760

아동ㆍ청소년의성보호에관한법률위반(성매수등)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

피고인은 2014. 6. 9. 서울특별시 강동구 D에 있는 E중학교 맞은편 노상에서 중학생들을 상대로 소시지, 와플 등을 판매하던 중 음식을 사러 온 피해자 F(여, 12세)의 성을 사기 위해 피해자에게 ‘너 내가 매달 용돈 40 주는 거 어때 한 달에 두 번만 만나 주라 ps. 발바닥부터 핥아줄게’라고 쓴 성매매를 권유하는 내용의 쪽지를 건네주었다.

As a result, the defendant recommended children and juveniles to sell sex for the purpose of morale of children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of the laws and regulations of the territory;

1. Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the Defendant solicited a victim under the age of 13 to engage in sexual traffic, and that the crime is very serious in light of the content of the crime, the age of the victim, and mental damage, and that the victim wanted to punish the victim significantly.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that there is no record of criminal punishment other than the punishment of a fine once due to the crime of immigration around 2004, and that there is a social relation with the defendant is favorable to the defendant.

Here, the method and result of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the instant crime, Defendant’s age, character and conduct, family environment, etc., shall be determined as per the disposition.

When a conviction on a crime in the judgment on a sex crime subject to registration and submission of personal information becomes final and conclusive, the defendant shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.