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(영문) 부산지방법원 서부지원 2020.01.15 2019고단1634

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 13, 2019, the Defendant, along with D (n, 16 years of age) who was a child or juvenile released from the former Sinsito Bel C, and sought sex purchase male through the “Seoul Stockholm,” which was a smartphone hosting c around February 17, 2019, and assisted D to receive KRW 100,000 from the above male purchase price in the front Sinsito City’s room.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to each police interrogation protocol against F and G;

1. Relevant laws concerning criminal facts, and the selection of fines under Article 15 (2) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the selection of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the Defendant’s age, power, risk of repeating a crime; the process and method of committing the crime in this case; the process and method of the crime in this case; the disadvantage of the Defendant caused by disclosure or notification orders; and the prevention effect of sexual crimes that may be achieved therefrom, it is deemed that there are special

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant, on November 29, 2013, committed the instant crime again during the period of repeated crime, even though he/she was sentenced to imprisonment with prison labor for a maximum of four years, a short of three years, and a short of three years and six months at the Busan District Court on November 28, 2017, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and completed the execution of the instant punishment at the Kimcheon Juvenile Reformatory on November 28, 2017.