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(영문) 서울서부지방법원 2017.06.08 2017고합79
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On December 4, 2016, around 15:00, the Defendant: (a) moved to “F hotel” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, a child or youth who became aware of smartphone-making fishing music prior to doing so; and (b) paid 200,000 won in return, to purchase child or youth sex by entering into D and once a single sex in the guest room located in the Nam-gu, Incheon; and (c) paid the same.

2. On December 11, 2016, the Defendant: (a) around December 11, 2016, at a hotel room of the above hotel; (b) paid 200,000 won in consideration of the foregoing D and once sexual intercourse; and (c) purchased the sex of a child or juvenile.

3. On December 18, 2016, the Defendant: (a) around December 18, 2016, at a hotel room of the above hotel; (b) paid 200,000 won in consideration of the foregoing D and once sexual intercourse; and (c) purchased the sex of a child or juvenile.

4. On January 1, 2017, the Defendant: (a) around January 1, 2017, at a hotel room in the above hotel; (b) paid 200,000 won in consideration of the sex with D and once; and (c) purchased the sex of a child or youth.

5. On January 8, 2017, the Defendant: (a) around January 8, 2017, at a hotel room in the above hotel; (b) paid 200,000 won in consideration of the sex with D and once; and (c) purchased the sex of a child or youth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes of each photograph (the list Nos. 3, 6, 8 of evidence);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (or sex purchase, etc.), which is the largest penalty, on January 8, 2017);

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

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