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(영문) 전주지방법원 2018.05.04 2018고합28
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around September 6, 2017, the Defendant violated the Act on the Punishment, etc. of Acts, such as the Mediation, etc. of Commercial Sex Acts (commercial sex acts), came to know D (14 years old) through “C”, a smartphone-rating app, and D talks with the Defendant that 20 years old.

The Defendant, at around 15:30 on the same day, committed the act of sexual intercourse with the above D at the “F-free telecom,” and 100,000 won in return for the act of sexual intercourse.

Accordingly, the defendant committed sexual traffic.

2. The Defendant came to know that he/she constitutes a child or juvenile on the ground that he/she did not live 20 but did not live 15 years immediately after the purchase of sex from D on the grounds that the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse.

A. On September 7, 2017, the Defendant 16:20 around September 7, 2017, 201: (a) performed sexual intercourse with D and once with D, and, in return, provided 1 stuffs equivalent to 20,000 won at the market price of the multi-line assistant.

B. On September 26, 2017, around 14:30 on September 26, 2017, the Defendant: (a) committed a sexual act with D with D once with D; and (b) provided 50,000 won in return.

As a result, the defendant was able to get up the sex of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in a video CD;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (related to verification of places of sexual traffic);

1. Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing child and juvenile sex, the choice of imprisonment), Article 21(1) of the Act on the Punishment of Acts, Including Arranging Sexual Traffic (the occupation of purchasing adult sex and the choice of imprisonment) for criminal facts, and Article 21(1) of the Act on the Punishment of Acts, such as Arranging Sexual Traffic;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes committed on September 26, 2017, with the largest penalty for concurrent crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. A sex offender who is subject to the registration of personal information under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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