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(영문) 대구지방법원 2017.10.13 2017고합362
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
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 is allowed to purchase sex of a child or youth, even though he/she does not engage in such purchase;

1. On April 2017, the Defendant and the claimant for the order to observe the protection target (hereinafter “Defendant”) paid KRW 150,000 in cash to children and juveniles E (V, 17 years of age) who were aware of through the “D”, in the vehicle of the Defendant parked on the alley-dong Y-dong, Daegu, Suwon-gu, Suwon-gu, D, and paid KRW 150,000 in cash to the Defendant and juvenile E (V, 17 years of age). The Defendant and the claimant for the order to observe the protection target (hereinafter “Defendant”) met with his/her finger in hand, and entered the said E’s sex and resistance.

2. The Defendant paid KRW 150,00 in cash to the above children and juveniles E at the place specified in paragraph 1 at the end of April 2017, and paid KRW 150,000 in cash to the above children and juveniles E, and delivered her chest by hand, and her gender and port of the above E promptly.

3. On May 6, 2017, the Defendant paid 150,000 won in cash to the above child and juvenile E in the “Gel” located in Daegu Suwon-gu F, Daegu-gu, on May 6, 2017, and caused the above E to have the Defendant talk with the Defendant’s sexual organ by entering and hand.

As a result, the Defendant had three times engaged in buying sex of the above E, a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. CCTV photographs entering the telecom;

1. Application of message details-related Acts and subordinate statutes

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a conviction against a defendant who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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