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(영문) 부산지방법원 2014.04.02 2014고단80
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

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

At around 17:00 on September 30, 2012, the Defendant asked E (V) a juvenile who was seated in the front of D in Busan Jung-gu, Busan, about 16 years of age, to “I am” and asked him to “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am and 50,000 won in consideration of the above E and I am. from that time to July 16:00, 2013, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to E;

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information of children and juveniles as to the crime under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Sep. 15, 201) and Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the Defendant is a person subject to registration of personal information under Article 5 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11572, Dec. 18, 2012).

The reason for sentencing is that the defendant, as an adult male, should protect and sentence the juvenile, but rather has a little intellectual disability.

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