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(영문) 대구지방법원 2010.7.27.선고 2010고단2100 판결

청소년의성보호에관한법률위반(성매수)

Cases

2010 Highest 2100 Juvenile Protection Act (Purchase)

Defendant

Maap00 (81********), Company Won

Housing Daegu Jung-gu 00 Dong 000

【Special Metropolitan City, Gyeongbuk-gun 00, 00

Prosecutor

Kim Tae-ray

Defense Counsel

Attorney Park 000 (Korean Civil Code)

Imposition of Judgment

July 27, 2010

Text

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 became final and conclusive. To order the defendant to provide community service for 80 hours.

Reasons

Criminal facts

On February 2, 2009, the Defendant: (a) informed of the Youth KimO (SO, 13 years old); (b) made a single sexual intercourse at the Defendant’s home located in Daegu Jung-gu, 000 Dong-gu, 01:00 on February 2, 2009; and (c) granted 100,000 won to Kim 00 in consideration of the first sexual intercourse at the Defendant’s home located in Daegu-gu, 00 Dong-gu, 00 dong-gu; and (b) made a single sexual intercourse with Kim 00 on April 1 and 6 of the same year on June 2009 by the above method as a patrol officer; and (c) granted Ma 00,00 in cash in an amount equivalent to 60,000 won in total on the pretext of money for that purpose.

Accordingly, the defendant had committed three times the act of purchasing the sex of the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning Kim 00, Ma-00 (Ma-00 mother), Ma-00 (Ma-gu of Ma-00), each police officer's statement; 1. Reporting on the occurrence of a person who has not returned to the Republic of Korea and a criminal investigation report (the background of the investigation and the

1. Copy of resident registration;

Application of Statutes

1. Relevant provisions concerning criminal facts;

Article 10 of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 9765 of Jun. 9, 2009)

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

In light of the fact that the nature of the instant crime, such as purchasing the sex of the victimized juvenile who is only 13 years of age, is very poor, the Defendant appears to have attempted to destroy evidence in the process of investigation by the police, and the Defendant was issued a disposition of suspension of indictment against other juveniles after the instant crime, and the execution of the sentence is suspended on the condition of community service, taking into account the fact that the Defendant has no particular criminal record and has no depth, etc.

Judges

Judges Term Exchange