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(영문) 수원지방법원 2018.12.06 2018고합429
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment with prison labor 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. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On August 2017, the Defendant promised to have only the conditions remaining in the vicinity of the D Station C in Suwon-si, Suwon-si, through the “E” of smartphone hosting c, and moved F (18 years old) as a child or juvenile in G M to a parking lot near the same calendar-distance adjacent to the same vehicle, and subsequently, the Defendant had f and once sexual intercourse with F in the said vehicle and paid 250,000 won in cash in return for doing so.

B. On September 2017, the Defendant met F in the vicinity of the D Station in Suwon-si, Suwon-si, and moved F to a street parking lot near the said station, while carrying the said car into a neighboring parking lot in the said station. After doing so, the Defendant engaged in F and once sexual intercourse within the said car and paid KRW 350,000 in cash in return for doing so.

2. On February 11, 2018, the Defendant violated the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (sexual traffic) paid the said F in cash of KRW 3.50,000 in the price for commercial sex acts to the said F in Suwon-si HOOOOOO in Suwon-si, and purchased sex by engaging F in sexual intercourse once with F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to each photograph (16th, 22th, 16th, 22th of the investigation records), investigation reports (Presentation of a arche book), investigation reports (Submission of a birth certificate);

1. Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing child and juvenile sex, the choice of imprisonment), Article 21(1) of the Act on the Punishment of Acts, Including Arranging Sexual Traffic (the occupation of purchasing adult sex and the choice of imprisonment) for criminal facts, and Article 21(1) of the Act on the Punishment of Acts, such as Arranging Sexual Traffic;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [aggravated Punishment for Concurrent Crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) around August 2017, which is the most severe punishment and punishment for concurrent crimes];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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