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(영문) 대구지방법원 서부지원 2017.09.28 2017고합128
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 April 2017, the Defendant promised to have a victim E (M, 15 years old) (M, 15 years old) and sexual intercourse with a child or juvenile victim, which was known through the fluencing and flucing flucing flucing process, in Daegu-gu, Seo-gu, Seoul, and D.

On the same day, the Defendant: (a) took the victim’s residence in Daegu-gu F, into his own residence; (b) inserted his sexual organ into the victim’s sound book once; and (c) paid 100,000 won to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 53 and Article 55(1)6 of the Criminal Act (Article 55 and Article 55(1)6 of the said Act (Consideration of the following favorable sentencing grounds):

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 and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines of not less than 10 million won but not more than 25 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and

3. The act of purchasing the sex of a child or juvenile decided to be sentenced is not only the act of creating a sound sexual values of juveniles, but also the act of causing negative impacts on the establishment of a sound sexual culture in our society, and is also disadvantageous to the defendant.

On the other hand, it is favorable for the defendant to make a confession of all the crimes of this case, and the fact that the defendant has no same force, etc.

In addition, the defendant's age, sex, environment, family relationship, motive and background of the crime, means and result of the crime, and various sentencing conditions shown in the arguments after the crime is taken into account.

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