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(영문) 대전지방법원 천안지원 2016.10.12 2015고합233

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall protect a missing child without reporting it to the chief of a police agency without justifiable grounds.

Nevertheless, the defendant from July 2014 to the same year.

8. By the end of 19.19., without reporting to the chief of a police office without good cause, the victim D (the name, leisure, 16 years old) who is a missing child was missing in the Seo-gu, Seo-gu, Seocheon-gu, Incheon (hereinafter “instant studio”).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F (Provided, That as seen later, each part of the statements of D, E, and F that are difficult to believe because they lack credibility or that they have no admissibility of evidence;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. Data on mobile analysis;

1. Photographs of the studio lease contract;

1. Letters sent by the suspect to his/her guardian;

1. Application of Acts and subordinate statutes on the use of the Nonghyup Card;

1. Relevant Articles 17 and 7 of the Act on the Protection of and Support for Missing Children, etc. who are in the position to commit the crime and Articles 17 and 7 of the same Act;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the alleged defendant had been given consideration to the victim to live in the room of this case, the victim was unaware of whether the victim was a missing child.

2. Determination

A. The Act on the Protection and Support of Missing Children, etc. (hereinafter “missing Child Act”) aims to contribute to promoting the welfare of the missing children, etc. and their families by preventing the occurrence of missing children, etc., promoting prompt recovery and return, and supporting social adaptation after their return (Article 1). The term “missing children, etc.” under the Missing Child Act means a child, etc., who is deserted from his/her custodian due to such cause as abduction, inducement or abandonment, suffering from an accident, leaving home, or getting out of way.