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(영문) 수원지방법원 안산지원 2017.12.15 2017고합260
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

On February 2, 2017, the Defendant paid KRW 180,00 to F (V, 14 years of age) who is a juvenile in 10,00,000 and engaged in sexual intercourse once by paying KRW 180,00 to F (V, 14 years of age) through the Smartphone-gu, Mansan-si, Mansan-si, Smartphoneing F (E).

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the statutes that contain some statements among the protocol of interrogation of the suspect to the defendant;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination on the assertion of the Defendant and the defense counsel under Article 21(2) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is that the Defendant purchased gender, but the Defendant was unaware of the fact that the F, the counter-party to the sexual purchase, was a juvenile.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by this court, the Defendant was aware that at least the F, the counter-party to the purchase of the sexual intercourse, was a juvenile.

Since it is sufficient to recognize the defendant's assertion, it shall not be accepted.

A. On February 2017, the Defendant agreed to communicate with F and the first smartphone-making type display rink (“E”) and engage in commercial sex acts at the time of the new wall of F and the Defendant: (a) agreed to engage in commercial sex acts; and (b) was f in the Lone Star vehicle in the vicinity of the H oil station located in Ansan-si G, Ansan-si.

The Defendant’s age in the foregoing Lone Star F, who was asked F to the age in F, refers to the age of 20 different from the age indicated in E’s professional pen, and thus, the Defendant was asked F to the age of 20.

B. The Defendant, as seen above, responded to F, even though he respondeded to F as 20 years of age.

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