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(영문) 대구지방법원 2017.08.18 2017고합209
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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. Crimes of buying sex of children or juveniles;

A. On January 2017, the Defendant and the claimant for the protective observation order (hereinafter “Defendant”) provided a child and juvenile D(n, 15 years of age) and a single sexual intercourse with D with D, who became aware of the trade in the new-si Masan-dong around the middle and long-term radius, and paid KRW 30,000 in cash.

B. On January 2017, the Defendant sent D, a child or juvenile, who was a child or juvenile, in the vicinity of the Defendant’s house located in Sinsan-si E, to the Defendant’s house, and had D and once sexual intercourse with D and paid KRW 20,00 in cash to D.

As a result, the defendant had engaged in buying sex of children and juveniles twice.

2. On February 10, 2017, the Defendant, who solicits children and juveniles to sell sex, agreed to have two sexual intercourses with children and juveniles, including D around 200,000,000 won through a hosting app “C”, and two sexual intercourses, including D, etc. on the same day, around 22:30,000.

As a result, the defendant recommended children and juveniles to sell sex for the purpose of morale of children and juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made by the police against D;

1. A statement of 112 reported case processing;

1. Each internal investigation report (Messengical dialogue and Messengic photo) (the defendant and the defense counsel stated in the judgment) ( Although the defendant had sexual intercourse with D with D concerning the crime stated in the judgment, there is no fact that 30,000 won has been paid to D, and the criminal facts No. 1-B of the judgment in the judgment are the fact that the defendant paid 30,000 won to D with regard to the crime stated in the claim No. 1-B, but it is not paid as compensation for sexual intercourse.

However, according to the above evidence, such as consistent and detailed statements in D's court and police, the defendant's criminal facts No. 1-A, as stated in D's judgment, has sexual intercourse with D.

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