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(영문) 대전지방법원 서산지원 2019.01.09 2018고합81
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On September 22, 2017, at around 00:0, the Defendant reported and contacted C’s male language at the Belel located near the Yasan-si, Yasan-si, and provided D(the age of 14) as a child or youth and sexual behavior, and provided the victim with cash worth of KRW 100,000 in return, thereby purchasing the sex of the child or youth.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Prosecutions and police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Police suspect interrogation protocol regarding E;

1. The written statement of the defendant;

1. Letters of D;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing of DNA statements for reference);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Determination as to the assertion of the defendant and his/her defense counsel in full view of all the circumstances, including the defendant's age, occupation, family environment, social ties, criminal record relationship, and other circumstances, such as the defendant's age, occupation, preventive effect, disadvantage and side effect of the order of employment restriction, in light of Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), Article 56 (1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. The gist of the assertion was D and D, which the Defendant came to know through a dumping application, and the sex relationship was established under the agreement at the time, time, and place indicated in the facts charged, but there is no fact that D has paid the price for the sex relationship.

2...

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