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(영문) 광주지방법원 2016.07.08 2016고합147
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On March 2016, the Defendant violated the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (sexual traffic) committed sexual intercourse with E (i.e., 17 years of age) that he/she became aware of through smartphone-rating fishing display in a 'Del' guest room located in Gwangju Seo-gu, Seo-gu, Gwangju, and (ii) that he/she provided 130,000 won in return.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On March 2016, the Defendant, in the middle of March 2016, committed a single sexual intercourse with a juvenile E (V, 17 years of age) at the places specified in paragraph 1, and granted 80,000 won in return, thereby purchasing the sex of a child or juvenile.

B. On April 10, 2016, the Defendant: (a) 19:30 on April 10, 2016, at the places indicated in paragraph (1) around 19:30 on April 10, 2016, engaged in one-time sexual intercourse with the juvenile E (in women, 17 years of age) and one-time sexual intercourse; and (b) granted 80,000 won in return, thereby purchasing child or

(c)

On April 20, 2016, the Defendant, at the place described in paragraph (1) around 19:30 on April 20, 2016, engaged in a single sexual intercourse with E (n, 17 years of age) a juvenile, and provided 80,000 won in return, thereby purchasing child or juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of respective Acts and subordinate statutes of E;

1. Relevant Article 21 (1) of the Act on the Punishment of Acts, such as Arranging Sexual Traffic, etc., concerning facts constituting an offense, and Article 21 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex, the choice of imprisonment with labor), and Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex by children and juveniles,

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes shall be aggravated] (the punishment for concurrent crimes prescribed in Article 2-1 of the Decision with the largest punishment for concurrent crimes; 2-1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase, etc. of sex)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Order for the protection of children or juveniles against sexual traffic;

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