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(영문) 대구지방법원 2018.05.11 2018고합123
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 6, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (such as the purchase of sex), around 18:00 on January 6, 2018, the Defendant engaged in the act of purchasing sexual intercourse with the aforementioned F and one-time sexual intercourse to the “E” for children and juveniles who became aware of through the “E” in the Jung-gu Daegu-gu, Daegu-gu, Seoul-gu, about January 6, 2018.

2. On January 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (such as the purchase of sex, etc.), committed an act of purchasing the sex of juveniles by having F (the age of 14 at that time) who is a child or juvenile in return for sexual intercourse with F (the age of 14) at a place specified in paragraph (1) of the Police Officer on January 1, 2018, while purchasing the sex of juveniles with F (the age of 80,000 in return for sexual intercourse.

3. On January 20, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (including the purchase of sex, etc.) on January 20, 2018, around 18:00, at the place specified in paragraph (1) around January 20, 2018, the Defendant provided 80,000 won in return for sexual intercourse to F who is a child or juvenile (the age of 14 at that time) and provided a single sexual intercourse with the said F to purchase the sex of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on hosting app dialogues;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment for Concurrent Crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) committed on January 20, 2018 with the largest penalty];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a conviction against a defendant who has registered his/her personal information under Article 21(2) main sentence and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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