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(영문) 창원지방법원 2017.01.19 2016고합250
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

1. On April 30, 2016, the Defendant: (a) decided to engage in commercial sex acts while conducting commercial sex acts with D (W, age 15) juveniles; and (b) paid 150,000 won in cash in return for commercial sex acts to the said D at the Fel located in Kimhae-si, Kimhae-si; and (c) had sexual intercourse with the said D on a single occasion by doing so.

2. On May 13, 2016, the Defendant paid 30,000 won in cash to the said D in return for sexual traffic at a singing room in which it is impossible to identify the trade name in the outer Dong of Kimhae-si, Kim Jong-si on May 13, 2016, and provided the said D with a promise of KRW 1.20,000 won in the future, and

3. On May 27, 2016, the Defendant paid the said D a cash amount of KRW 100,000 in return for sexual traffic at the Defendant’s residence located in Kimhae-si, Kim Jong-si, in return for sexual traffic, and provided a single sexual intercourse, thereby buying the sex of juveniles.

As above, the Defendant committed three times in total the act of purchasing the sex of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on internal investigation reports (including attachment of text conversations between men and D, accompanying documents);

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which provides for the relevant legal provisions and the choice of punishment for each of the offenses against children;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse, as stated in paragraph (2) of the largest holding of the penalty) of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of a child under Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse, the defendant shall obtain personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual

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