(영문) 대전지방법원 2014.5.9.선고 2014고합72 판결

In a plan, B (the age of 14) who met and came to know through the Internet Nene B, paid 150,000 won in return for the act of purchasing the sex of B, who is a child or juvenile, by purchasing the child or juvenile. 2. On January 1, 2013, the Defendant had sexual intercourse with B, and paid 150,000 won in return, to purchase the sex of B, who is a child or juvenile.

3. On May 2013, the Defendant engaged in the act of purchasing the sex of B, who is a child or juvenile, by giving KRW 150,00,00, in the mutual influence of the Daejeon B, in a way of influence of the mutual influence in Daejeon, Daejeon, and by paying KRW 150,00 in return.

4. The Defendant, around November 1, 2013: 17:30, in Chungcheongbuk-si * in the plan of unmanned telecom, had a single sexual relationship with (150,00 won and 150,000 won and 17:30,000 won and 1.0,000 won and 1.0,000 won and 1.0,000 won and 1.0,000 won and 2.0,000 won and 3.0,000 won and 3.

5 . 피고인은 2013 . 11 . 10 . 14 : 47 경 경기도 용인시 처인구에 있는 * * 호텔 호실 불상의 방안에서 스마트폰의 ‘ * * * 애플리케이션을 통해 알게 된 丁 ( 여 , 15세 ) 와 2회 성관계를 하고 , 그 대가로 120 , 000원을 지급하여 아동 · 청소년인 위 丁의 성을 사는 행위를 하였 다 .

6 . 피고인은 2013 . 11 . 20 . 경 스마트폰의 ‘ * * * ' 애플리케이션을 통해 알게 된 戊 ( 여 , 13세 ) 에게 1시간에 100 , 000원을 줄 테니 만나서 성관계를 하자는 취지의 문자메세지 를 보내 위 戊가 이를 승낙하자 , 같은 달 23 . 16 : 40경 위 戊를 만나 같이 대전 대전로 에 있는 * * 모텔로 가서 위 모텔에 투숙하려다가 , 피고인이 나이가 어려 보이는 위 戊 와 같이 투숙하려는 것을 본 위 모텔 주인이 경찰에 신고하겠다고 하자 그대로 도주하 였다 .

이로써 피고인은 아동 · 청소년인 위 戊에게 성을 팔도록 권유하는 행위를 하였다 .

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Entry of the police statement of B in part

1. A statement drawn up by B;

[Judgment No. 4]

1. Defendant's legal statement;

1. Statement of the police with regard to C public corporation;

[Judgment No. 5]

1. Defendant's legal statement;

1 . 丁의 경찰 진술조서

1. CCTV photographs and on-site photographs;

[Judgment No. 6]

1. Defendant's legal statement;

1 . 戊 , 己에 대한 각 경찰 진술조서

1 . 戊가 작성한 진술서

1. Kakao Stockholm photographs;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Each of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012 and enforced June 19, 2013), Article 10(1)(a) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex referred to in paragraphs 1 through 3 of the said Act), Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex referred to in paragraphs 4 and 5 of the said Act), Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex referred to in paragraphs 1 through 3 of the said Act), and the choice of each imprisonment, respectively.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (the Purchase, etc. of Sex) due to the purchase of sex under paragraph (5) of the same Article]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Order to complete a program;

Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Registration of Personal Information

Where a conviction becomes final and conclusive on each of the facts constituting a sex offense subject to registration, the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. As such, Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012) and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are obligated to submit personal information to the competent agency. The

1. The range of applicable sentences: Imprisonment for not less than six months but not more than seven years and six months; and

2. Determination of sentence: Ten months of imprisonment; and

The crime of this case is very poor in that each of the crimes of this case is aimed at resolving one's sexual desire even if the defendant, who is an adult who has a social responsibility to protect juveniles so that they can have a sound sexual morality and to lead them to a proper way, did not fulfill these obligations, and even if his awareness of sex was properly formed, the crime of this case is very poor, and the crime of this case is not considerably harmful to society due to the violation of the human rights of juveniles and the harm to a sound sexual culture and good custom. The recent sex crimes against juveniles have rapidly increased, and the necessity of protecting the sex of juveniles has become more serious than any time. Furthermore, in light of the fact that the defendant repeatedly committed the crime of this case, even though he had been sentenced to a suspended sentence on January 1, 2010, it is inevitable to sentence the defendant to the punishment of this case.

However, in light of the fact that the defendant was aware of the crime of this case and against his mistake, and the fact that the defendant would not commit such a crime again is considered as favorable circumstances for the defendant. In addition, considering all the circumstances shown in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the punishment shall be determined as ordered by the Disposition, taking into account all the circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime.