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(영문) 대전지방법원 천안지원 2017.08.09 2017고합88
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

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

1. On November 2016, the Defendant came to know of “E” juvenile F (n, 15 years of age) through “D”, a hosting site, through the end of November 2016, and proposed F to pay F 120,000 won in return for commercial sex acts. On the same day, around 23:00 on the same day, the Defendant sent F to F at the inside of the G building in Nam-gu Incheon Metropolitan City, Seoul, and paid F at a white H K5 passenger car, and paid 120,000 won in cash in return for this act.

2. On February 4, 2017, the Defendant committed the act of buying the sex of juveniles by depositing KRW 150,00 to the national bank account in the name of F in return for the interference with F (F) as set forth in paragraph (1) and the single sexual intercourse with F (F) around February 4, 2017, where it is difficult to identify the trade name near Incheon Nam-gu Incheon Metropolitan City I. In addition, the Defendant paid KRW 150,000 to the national bank account in the name of F.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each police statement made to F;

1. Application of Acts and subordinate statutes on internal investigation reports (No. 5 No. 5 of the evidence list);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (or Sexual Purchase, etc.) stated in paragraph (2) of the same Article with heavy criminal facts];

1. Articles 53 and 55(1)6 of the Criminal Act (see, e.g., Articles 53 and 55(1)6 of the Criminal Act (see, e.g., factors for sentencing that are favorable

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 [the criminal facts of a defendant constitute a sex offense against a child or juvenile, not a sex offense against a child or juvenile, pursuant to the Act on the Protection of Children and Juveniles against Sexual Abuse (see Articles 2 (2) and 3 of the same Act) and does not constitute a sex offense against a child or juvenile, subject to an order to disclose or notify under Articles 49 (1) and 50 (1) of the same Act];

Reasons for sentencing

1. The scope of punishment by law:

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