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(영문) 서울남부지방법원 2020.02.13 2019고합319
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six months.

The defendant completed the program to prevent recidivism for 40 hours.

Reasons

Punishment of the crime

No person shall purchase sex of a child or youth.

At around 10:00 on June 21, 2019, the Defendant provided young victims E ( female, 17 years of age) with accommodation in the market price in return for the purchase of sex and provided cash 50,000 won to them with sexual intercourse at the Defendant’s house of Gangseo-gu Seoul Metropolitan Government (hereinafter “D”).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A complaint;

1. Application of the Kakao Stockholm message legislation

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 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. Determination on the assertion of the Defendant and the defense counsel under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) main sentence of the Welfare of Disabled Persons

1. The gist of the Defendant’s assertion is that there was no prior consultation with the victim for the purchase of sex, and only natural sexual intercourse was naturally formed while the victim was living together with the victim.

The defendant's provision of accommodation to the victim or 50,00 won is not the cost of sex purchase.

2. In full view of the following facts, which can be recognized by this Court based on the evidence adopted and examined by this Court, and the circumstances that can be inferred therefrom, it is reasonable to view that the Defendant provided the victim with accommodation and 50,000 won in return for purchasing the victim’s sex while doing so.

The defendant and defense counsel's above assertion are not accepted.

A. On June 14, 2019, the victim left the country and found the place of stay.

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