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(영문) 대구지방법원 서부지원 2016.12.22 2016고합177
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 00:00 on May 11, 2016, the Defendant promised to engage in sexual traffic with the victim by accessing the Defendant’s mobile phone c with the Defendant’s mobile phone c, confirming that the victim D (the age of 17) prepared a notice stating “a statement for contact only with a large number of people who are at the age to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to have

Since then, at around 00:40 on the same day, the Defendant: (a) laid the victim to the FEXE car of the Defendant’s driving in front of the Daegu-gu E apartment zone; (b) drive the FEXE car to the Daegu-gun G, the destination of which is the Daegu-gun; (c) made the victim prompt with the Defendant’s sexual organ; and (d) stopped the Defendant’s vehicle on the alleyway of the said G; and (c) made one-time sexual intercourse with the

Accordingly, the defendant was committing the act of purchasing juvenile sex.

2. The defrauded stated that “the Defendant would pay KRW 100,000 to the victim in return for sexual intercourse,” such as the date, time, place, etc. described in paragraph (1).

However, even if the defendant has sexual intercourse with the victim, he did not have the intention or ability to pay 100,000 won to the victim.

As such, the Defendant, by deceiving the victim as such, had the victim have sexual intercourse with the Defendant as set forth in Paragraph 1, thereby acquiring property gains equivalent to KRW 100,000,000, which is the consideration for sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records and a written statement of D;

1. Application of CCTV photographs at a theft site and photographs to which victims purchase a living tree;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 347 (1) of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of juvenile sex and the selection of imprisonment with prison labor), which applies to criminal facts;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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