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(영문) 서울북부지방법원 2017.12.15 2017고합192
미성년자유인등
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

No person shall provide or promise to provide money or goods, other property benefits, services, convenience, etc. to children or juveniles under the age of 19 years, or to provide or promise to provide such consideration.

Nevertheless, around January 25, 2015, the Defendant issued 70,000 won to juvenile C (Woo, 17 years old) at the non-dissured felb in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, and provided sexual intercourse once.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. stenographic records of victims;

1. Application of statutes on financial transaction details;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the accused and the defense counsel under Article 21(2) main text and Article 21(4) of the Act on the Protection of Juveniles from Sexual Abuse against Children and Juveniles Ordering to provide protection and attend lectures

1. The summary of the assertion is that the defendant paid 70,000 won to C and has sexual intercourse, but the other party was not aware of the fact that he was a juvenile at the time.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence revealed earlier, the Defendant was at least aware of the fact that C was a juvenile at the time of the instant case.

Recognized.

Defendant

This part of the defense counsel's assertion is not accepted.

① At the time of the instant case, C was a second-year student of the age of 17 (D), and was consistently from the investigative agency to the investigation agency, the Defendant was a senior student and the second-year student.

At the time of being written, it was talked even if it was written.

The name of the school was also written in the painting clinic.

“The statement is made to the effect that “......”

② The contents of such statements and C’s external appearance, voice, horse speculation, etc.

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