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(영문) 서울북부지방법원 2014.10.02 2014고합299
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant used Adi [E] and Addi [F] in the Nibera P.D.

1. On February 5, 2014, the Defendant, at “H” or “Ins” located in Dongdaemun-gu Seoul Metropolitan Government G located or adjacent thereto, conducted activities of purchasing juveniles’ sexual intercourse on two occasions by giving KRW 80,00 to J (14 years of age, women) known in the said Ka P, and engaging in similar intercourse and sexual intercourse using the mouth.

2. On February 17, 2014, the Defendant: (a) provided the said J with KRW 80,00 to the said J; and (b) provided the purchase of sexual intercourses using the mouth and sexual intercourses on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of Evidential Materials);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed for a crime of Violation of the Act on the Protection of Children and Juveniles from Sexual Abuse due to sexual purchase on February 17, 2014, whichever the penalty is heavier];

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is that the defendant has purchased sex against a juvenile of 14 years old who is in the time when the defendant forms sexual identity and values, and that crime liability is not minor.

However, considering the fact that the defendant confessions the crime and reflects the mistake in depth, the fact that the defendant has no criminal record, etc., and other factors of sentencing as shown in the arguments of this case, such as the age, character and conduct, and environment of the defendant, the punishment as shown in the text shall be determined.

Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered, the defendant shall be a sexual crime.

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