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(영문) 대구지방법원 김천지원 2018.11.21 2018고단1004
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

No person shall arrange any act of purchasing sex of a child or youth or provide intermediary information in an information and communications network.

In doing so, the Defendant: (a) arrange for juveniles B (including family name, female, 15 years old) to engage in sexual traffic, and (b) receives KRW 40,000,000 from among the sexual traffic price of KRW 1.70,000,000; and (c) contacted with the purchase of sex by Internet through Kimcheon-si C Apartment and D “E” around June 27, 2018, and then send B.

In addition to engaging in commercial sex acts, from around that time to around 01:30 on June 28, 2018, B arranged B to engage in commercial sex acts three times in total, as shown in the list of crimes in the attached crime committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of statements made by the prosecution to B (tentative name);

1. Article 15 (2) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse and the selection of a sentence concerning the crime, and the selection of imprisonment, respectively;

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. The main sentence of Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, the suspended sentence;

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

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 the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the type] 1 type of sexual traffic crime subject to the age of 19 and brokerage, etc. of sexual traffic for children and juveniles subject to the age of 19 years [the special sentencing factors] / [the special sentencing factors] aggravated factors: good offices using a highly radio wave medium [the scope of the recommended punishment] increased [the scope of the recommended punishment] 1 to 3 years [the general sentencing factors] mitigated by 1 to 3 years [the scope of the recommendation [the scope of the recommendation] mitigated factors: No history of criminal punishment [the suspension of execution] - The principal reasons for taking into account (affirmative) - The principal reasons for the act of arranging sexual traffic using a highly radio wave (affirmative): lack of criminal punishment history - the general reasons (affirmative).

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