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(영문) 서울동부지방법원 2014.04.04 2013고단1793
청소년보호법위반등
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

The Defendant is a person who establishes ten rooms with the trade name of “D” on the third floor of the Gangdong-gu Seoul Metropolitan Government building C, and employs female employees and operates a prompt term kism.

1. On April 12, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse: (a) received 65,000 won from the customer E who found the said business place on April 12, 2013 from the customer E, and (b) caused him/her to talk with the chest, traw, etc. of F (the age of 16), which is a child or juvenile, and caused him/her to do so; (c) from April 6, 2013 to April 15, 2013, the Defendant let four unspecified male customers do the above act with F.

Accordingly, the defendant assisted the purchase of sex of children and juveniles respectively.

2. The Defendant violated the Juvenile Protection Act: (a) from April 6, 2013 to April 12, 2013, the Defendant paid 40,000 won per hour to the said F, a juvenile at the said business establishment; and (b) had the female do the above act.

Accordingly, the defendant employed the juvenile in a business establishment harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol regarding E;

1. The statements of the F, G and E;

1. Photographs of victimized juveniles;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant statutory provisions concerning criminal facts, Articles 58 subparag. 4 and 29(1) of the Juvenile Protection Act (violation of the Juvenile Protection Act), and Article 12(2)3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), and choice of imprisonment with prison labor for each case;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing) of the suspended sentence;

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Probation under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1) of the Criminal Act.

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