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(영문) 대구지방법원 서부지원 2017.03.23 2016고합230
성매매알선등행위의처벌에관한법률위반(성매매)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 2016, the Defendant violated the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (sexual traffic) paid 80,000 won to the sexual traffic women D, who became aware of the trade name in the Suwon-si transfer Dong around the beginning of May 201, through the “C”, and engaged in sexual traffic by paying 80,000 won for sexual traffic to D and once.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On May 2016, the Defendant: (a) expressed that the Defendant would buy gold bars in exchange for commercial sex acts at the motherel where it is difficult to know the trade name in the hand-over movement at the end of Suwon-si; (b) and (c) D (the age of 16).

In return for promising D to be sexually related to D, child and juvenile sex purchase was conducted.

B. On June 2016, the Defendant issued gold bars equivalent to KRW 50,00,00 in the market price in return for sexual traffic to the motherel, where it is difficult to know the trade name in the middle to the end of Suwon-si, Suwon-si, the Defendant purchased the sex of children and juveniles on the basis of sexual intercourse D with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol (4 times) concerning D;

1. Article 21(1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic under the relevant Acts concerning facts constituting an offense (the occupation of sexual traffic, the choice of imprisonment with prison labor) and Article 13(1) of the Act on the Protection of Juveniles from Sexual Abuse (the occupation of purchasing juvenile sex and the choice of imprisonment with prison labor);

1. Aggravation of the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the aggravated punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.)];

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of a small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable sentencing grounds have been repeatedly considered):

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

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. The scope of punishment recommended according to the sentencing criteria; and

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