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1. The defendant A shall be punished by imprisonment with prison labor for ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On March 2015, the Defendant issued KRW 70,00 in cash in return for the following reasons: (a) around the end of March 2015, Defendant A, at the Defendant’s residence in Busan-gu, Busan-gu, Busan-do, and the first floor; (b) informed of the Defendant’s mobile phone fluort with the Defendant’s mobile phone fluor; (c) caused the Defendant’s child and juvenile E (the age of 16) to enter his/her sexual organ
In addition, the Defendant, from that time to February 2016, 2016, committed the act of purchasing the sex of a child or juvenile by providing KRW 70,000 to KRW 30,000 in return for the act of sexual intercourse or similar sexual intercourse with E over 10 times in total as shown in the list of crimes.
2. On December 2015, Defendant B: (a) on the Defendant’s vehicle established in a parking lot for G convalescent Hospital located in Busan Dong-gu, Busan; (b) on the Defendant’s mobile phone display, the Defendant ordered E, a child or juvenile, who became aware of through a mobile phone display (the age of 16), to enter his/her sexual organ as soon as possible, and (c) to straw up with his/her hand, and issued KRW 100,000 in cash as a consideration therefor.
In addition, the Defendant, from that time to February 2016, 2016, committed the act of purchasing child or juvenile sex by providing KRW 100,000 in return for the act of sexual intercourse or similar sexual intercourse at least four times, as shown in the list of crimes.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement protocol by the police for E;
1. Report on investigation (Confirmation of suspect A's place of committing the crime);
1. Report of investigation (verification of the date and place of crime committed B by the suspect);
1. Application of Acts and subordinate statutes to report on investigation (revision of places where crimes are committed on the list of crimes);
1. Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the choice of punishment against each of the Defendants on criminal facts
1. Aggravation of concurrent crimes;
A. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with punishment prescribed for the crimes of the Act on the Protection of Children and Juveniles against Sexual Abuse (Purchase, etc. of Sex) among the mid-2 of February 2016, 2016) of the Criminal Act by Defendant A
B. The former part of Article 37 of the Criminal Code against Defendant B.