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(영문) 수원지방법원 성남지원 2017.04.21 2016고단3784
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall induce a child or youth to buy sex or solicit him/her to sell sex in order to boost sex of a child or youth.

On September 20, 2016, the Defendant connected 'B' using a mobile phone from 17:12 on 17:0 on 12, 2016 to 'B', and then presented the consideration to '10,000 won' to 'B', which is a juvenile, and recommended 'B' to sell sex.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of juvenile self-written by C;

1. Application of the Acts and subordinate statutes governing mers and photographs exchanged between the person under consideration and juveniles;

1. Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of fines for the crime;

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;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was that the Defendant was unable to receive a letter from the injured party, and that the victim was clearly aware that he was a minor student at the time of committing the crime, etc. is disadvantageous.

However, in consideration of the circumstances under Article 51 of the Criminal Act, such as the confession of the criminal act of this case, the fact that the criminal defendant is the first offender, etc., the punishment as ordered shall be determined.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

[On the other hand, the crime of this case is a crime falling under Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and falls under Article 2 subparag. 2 of the same Act, but does not fall under “sexual crimes against children” under Article 2 subparag. 3 of the same Act, and thus, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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