(영문) 대전지방법원 천안지원 2020.04.08 2019고합287

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(영문) 대전지방법원 천안지원 2020.04.08 2019고합287

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 16, 2019, from around 23:00 to around 10:30 on February 17, 2019 to around 17:0 of the same month, the Defendant promised C (n, 14 years of age) who became aware of through the open-raising of the Kakaothothothoth of the same month to pay 300,000 won in return for sexual intercourse, thereby purchasing child and juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The application of investigation report (as regards the suspect who purchased sex within the ceiling on February 15, 2019, specified) and investigation report (as regards the suspect's statement that was administered at the time of suspect A, law shall apply).

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fines concerning the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing as follows: (a) the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and Article 59-3(1) proviso of the Act on Welfare of Persons with Disabilities (the first crime committed by the Defendant; and (c) Article 59-3(1) proviso of the Act on Welfare of Persons with Disabilities appears to have the effect of preventing re-offending by the Defendant; (d) the Defendant’s age, occupation, family relationship, social relationship; and (e) the details and circumstances of the instant crime; and other benefits expected by the employment restriction order; and (e) anticipated disadvantages and anticipated side effects; and (e) the Defendant should not be restricted

1. Scope of applicable sentences under law: Fines of 10 million won to 25 million won;

2. Non-application of the sentencing criteria:

참조조문

-아동ㆍ청소년의 성보호에 관한 법률 제13조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제21조 제2항

-아동ㆍ청소년의 성보호에 관한 법률 제56조 제1항