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(영문) 대전지방법원 천안지원 2017.09.13 2017고합146
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On May 16, 2017, at around 16:30, the Defendant: (a) provided 150,000 won as compensation for commercial sex acts to E (V, 15 years of age) who is a child or juvenile who became aware of by smartphone hosting, and provided 150,000 won as compensation for commercial sex acts to E (V, 15 years of age) who was parked in the underground parking lot of Asan-si C Apartment.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to the remaining purchase of sex, CCTV analysis investigation, inquiry into the tea into D Kazkn vehicle, attaching photographs of D Kazn Project Borrower's driver's license);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies to the relevant criminal facts and the selective punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: Fines of not less than 10,000,000 won but not more than 25,000,000 won;

2. The sentencing criteria shall not apply as the person selects a fine not to apply the sentencing criteria; and

3. Determination of sentence: The crime of this case in the amount of a fine of 15,00,000 won is not a good crime that the defendant, who is an adult, purchases the sex of a child or juvenile whose sense of value has not yet been fully established.

The crime of buying sex against children and juveniles is likely to be criticized in that it not only prevents the sound growth of the other children and juveniles, but also significantly affects the establishment of the proper and sound sexual culture in our society.

Therefore, it is inevitable to punish the defendant with severe punishment corresponding to him.

However, the defendant recognized all of the crimes of this case, and reflects his mistake, and is in any same kind before this case.

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