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(영문) 대전지방법원공주지원 2020.08.26 2020고합14
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a program to prevent sexual traffic for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] On November 1, 2019, the Daejeon High Court sentenced the Defendant to imprisonment with prison labor for one year and six months and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the judgment became final and conclusive on November 9, 2019.

【Criminal Facts】

No person shall purchase sex of a child or youth.

On July 25, 2019, the Defendant, in collusion with B on July 25, 2019, committed commercial sex acts with the victim C (here, 14 years of age) by providing 2.60,000 won in cash to the victim C (here, 14 years of age) through mobile phone hosting display, and in return, committed commercial sex acts with three persons to have sexual intercourse together with B at the 'D hotel in Western-gu, Western-gu, Seocheon-gu, 23:00 on the same day.

As a result, the defendant was committing the act of purchasing the sex of the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Written statements or written complaint (Evidence Nos. 8);

1. Investigation report (a copy, etc. of resident registration as to the complainant C);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (the records of the same kind of crime as a suspect - ex post concurrent crimes), investigation reports (the fact that they are ex post concurrent crimes), and Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 30 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Handling concurrent crimes and mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. A prosecutor who has failed to issue an order to disclose or notify personal information to the defendant, but the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, committed by the defendant, is a violation of any subparagraph of Article 49 (1) and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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