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(영문) 부산지방법원 2016.10.21 2016고합299
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the defendant to complete the course of preventing sexual traffic for 80 hours.

Reasons

Criminal facts

[criminal power] On December 11, 2014, the Defendant was sentenced to nine months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Changwon District Court on December 20, 2014, and released on December 20, 2014, and completed the execution of the said sentence after the final judgment became final and conclusive by the final judgment of the lower court.

【Criminal Facts】

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On October 2015, the Defendant: (a) promised 809 of the “Ecom” located in the Doo-gu, Busan; (b) smartphone-making writers’ “F and G” to give 50,000 won to the youth ( female, 16 years of age) in return for the commercial sex acts; and (c) had sexual intercourses once to purchase the sex of the youth.

B. The Defendant: (a) around October 2015, 201.

In the case of "Eel" mentioned in paragraph (1), a juvenile (the age of 16) committed an act of purchasing the sex of a juvenile by promising him (the age of 16) to give accommodation charges and the price of a cigarette in return for sexual traffic once, and by having a sexual intercourse once.

C. On December 2, 2015, the Defendant promised the juvenile (here 16 years of age) to give 80,000 won in return for sexual traffic once to the juvenile (here 16 years of age) at the trading partner located in the Busan Birsan-dong, Busan, to purchase the sex of the juvenile by having sexual intercourse once.

2. From the end of October 2015 to the end of December 12, 2015, the Defendant made a false statement at the intervals of KRW 580,00,00, in total, and the amount of accommodation charges and the amount of packing price, on condition that he/she purchases the victim’s sexual intercourse, as described in paragraph

However, there was no intention or ability to pay the price promised even after purchasing the sex from the victim (or 16 years of age).

The defendant, even though he had sexual intercourses with the victim three times, did not pay only accommodation charges and did not pay the remainder, thereby defrauding the price of sexual traffic equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement recorded in the video CD;

1. The report of internal investigation (the No. 4 of evidence lists) and each.

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