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(영문) 대구지방법원 포항지원 2019.09.26 2019고합60
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 29, 2019, the Defendant, around 22:42 on March 29, 2019, paid 180,000 won in cash to Da (14 years of age), E (13 years of age), respectively, through smartphone hosting apps, and contacted all or part of the body, such as cutting off of clothes, contact of the Defendant’s sexual organ with D and sexual intercourse, thereby causing sexual humiliation or aversion of the general public, and subsequently engaging in sexual intercourse with E.

As a result, the defendant had committed acts of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to report internal investigation (related to specific persons suspected of being suspected), investigation report (attached to a reply to a request for appraisal of oral investigation samples);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing the sex of children and juveniles and the choice of imprisonment with prison labor) concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment for concurrent crimes);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of this case under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities does not constitute “sexual crimes against children and juveniles,” which are subject to an order to disclose and notify personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and “sexual crimes against children and juveniles against children under the age of 13,” and thus, no order to disclose and notify the Defendant.

(b).

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