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(영문) 대구지방법원 김천지원 2016.11.22 2016고합122
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On May 5, 2016, Defendant A around 20:00, at the entrance of Yancheon-si, Defendant A, via Internet E, provided KRW 50,000 to F (n, 16 years of age) who is a juvenile who met only through the Internet, and provided a single sexual intercourse within the Defendant’s vehicle to purchase the sex of juveniles.

2. On May 8, 2016, Defendant B, at around 00:0, the Defendant: (a) provided 40,000 won to a youth F (n, 16 years of age) who became aware of through Internet E in an insular lake located in G in Kimcheon-si, Kimcheon-si; and (b) provided 16 years of age with sexual intercourse, thereby purchasing the sex of juveniles.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police of the F;

1. Each internal investigation report (with respect to the details of receipt of the written petition, concerning the movement of vehicles A and B within the jurisdiction of the suspect, and concerning the suspect B), and each photograph thereof;

1. Each investigation report (for making stenographic records after theF's investigation into injury, a photo made out of the Hemotour), stenographic records (for making stenographic records, a photo made out of the Hemotour), stenographic records, and photographs;

1. Application of the Acts and subordinate statutes governing counseling day records;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides the corresponding legal provisions and the choice of punishment for the crimes;

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances among the reasons for sentencing):

1. The crime of this case committed on the grounds of sentencing under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against each order to attend school was committed against female juveniles who are 16 years of age, and the nature and method of the crime are heavy in light of the content of the crime and the method of the crime.

On the other hand, the Defendants reflect their mistakes in depth, Defendant A is an initial crime without any criminal power, and Defendant B also has no other penal power except for those sentenced once to a fine due to a violation of the Road Traffic Act (driving).

The above Defendants’ age, character and conduct, environment, family relationship, and crime as well as various favorable or unfavorable circumstances.

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