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(영문) 광주지방법원 2015.02.13 2015고합9
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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. On November 1, 2013, the Defendant: (a) paid KRW 50,00 to C (the age of 13 at that time, hereinafter “C”) and D (the age of 12 at that time, hereinafter “D”) at an unmanned telecom with which it is impossible to identify the trade name located in the Masan-dong of the Gwangju Mine-gu, Busan; and (b) paid KRW 50,00 to C and D (the age of 12 at that time, hereinafter “D”); and (c) caused D to promptly purchase child or juvenile sex by entering the Defendant, respectively.

2. On November 29, 2013, around 17:33, the Defendant: (a) paid KRW 50,00 to C at an unmanned telecom with which the trade name located in the Masan-dong of the Gwangju Mine-gu is unknown; and (b) caused C to enter the workplace as soon as the Defendant’s sexual organ, thereby purchasing child and juvenile sex.

Summary of Evidence

Each fact in the judgment

1. Any statement made by the defendant in compliance with this Act;

1. The statement written by the assistant judicial police officer (three times) can be recognized by integrating the statement written by C and its corresponding statement written by the assistant judicial police officer (three times). Therefore, all of them are proven.

Application of Statutes

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.) against D with respect to each of the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.), which is heavier than that of the former concurrent crimes;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the age, character and conduct, means and result of a crime committed by a defendant without the history of criminal punishment, and the risk of re-offending is not high in light of the circumstances after the crime, and the social and family relationship is clear, taking into account the circumstances, such as the possibility and necessity of edification within society);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The following facts are examined according to the grounds for sentencing of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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