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(영문) 대구지방법원 2017.09.01 2017고합284
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Although no person is allowed to purchase sex of a child or juvenile, the defendant and the claimant for the order to observe the protective order (hereinafter “Defendant”) committed sexual traffic by doing sexual intercourse on March 2017 with the 150,000 won for the child or juvenile who met with "E" in the Doel located in Daegu-gu, Daegu-gu, Daegu-gu, by using a "E"-type display method at around 20:00 on March 2017.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Each investigation report (to listen to the F phone statement which is a child or juvenile of sexual traffic), investigation report (to attachF photographs), and accompanying materials;

1. Application of the Acts and subordinate statutes on sound recording CDs

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

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 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the argument is that the Defendant was engaged in sexual traffic with F, but F was unaware of the fact that F was a child or juvenile.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the Act on the Protection of Children and Juveniles against Sexual Abuse, aims at protecting children against sexual assault and helping them grow as healthy members of the society.

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