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(영문) 창원지방법원 진주지원 2014.07.15 2014고단611
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 1, 2013, the Defendant paid KRW 100,000 to juvenile E (nive, 17 years of age) (nive, female, 17 years of age) who became aware of through smartphone catch in the Donel located in the Hannam-dong, Hamn-gun, Hamn, Hamnman, and provided the above E and once sexual intercourse, thereby

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the Kakakao Stockholm identification statement);

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), the selection of a fine for criminal facts and the selection of a sentence

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case on the grounds of sentencing under Article 13 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, which was ordered to complete a program, is the case where the defendant purchased the sex of a juvenile who is merely 16 years of age, and the act of buying sex against a child or juvenile may have a serious adverse effect on the formation of sound sexual values of children and juveniles who did not have a sex awareness, and thus, it is necessary to strictly punish the defendant.

However, on August 29, 2013, the defendant recognized his mistake and against himself, and the defendant did not have any other criminal records except for the punishment of a fine of 1.5 million won due to a violation of the Road Traffic Act by this court on August 29, 2013, and determined the punishment as ordered by taking into account all the factors such as circumstances favorable to the defendant, the age, character and conduct, home environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc.

Where a conviction is finalized against a defendant who shall submit personal information, the defendant is a person subject to registration of personal information pursuant to Article 33 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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