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Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall purchase child or juvenile sex.
1. On January 2017, at the front parking lot of the D Library located in Busan Jung-gu, Busan, the Defendant parked the Defendant’s father’s BMW car, and thereafter, the Defendant carried out a similar sexual intercourse with the Defendant using hand and mouths by giving KRW 50,00 as a similar sexual intercourse to F (M, 16 years of age) who became aware of the Defendant’s “E”, a smartphone hosting app.
2. On February 2, 2017, the Defendant, at the H office located in Busan G in the Seocho-gu, Busan, the Defendant: (a) provided 20,000 won for similar sex trafficking in F (16 years of age) and small waves with 20,000 won for similar sex trafficking; and (b) provided similar sex intercourse using grandchildren and mouths.
As a result, the defendant was committing the act of purchasing child and juvenile sex.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which provides for the relevant legal provisions and the choice of punishment for each of the offenses against children;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The prosecutor of the disclosure and notification order requested the defendant to issue an order to disclose personal information.
However, each of the instant offenses against the Act on the Protection of Children and Juveniles against Sexual Abuse does not constitute “sexual assault crimes against children or juveniles” under Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus does not constitute subject to notification of personal information disclosure under Articles 49 subparag. 1 and 50(1)1 of the said Act.
In addition, Article 2 subparagraph 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse is the object of children and juveniles.