logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2017.07.06 2017고합75
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

around 02:00 on November 7, 2016, the Defendant agreed to pay 200,000 won to the victim D (W, 15 years of age) who came to know through a mobile hosting c, “C,” “C,” and promised to sexual intercourse with the victim who is a child or juvenile, and met the victim in front of the Si of Daegu-gu E market around 03:00 on the same day.

Around 04:00 of the above day, the Defendant 1 took the victim into account at “Gel” 309 in Seo-gu, Daegu, Seo-gu, and had the victim prompt his sexual organ by entering the victim, and her sexual organ was inserted into the part of the victim’s sexual organ once.

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

Summary of Evidence

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines of not less than 10 million won but not more than 25 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and

3. The act of purchasing the sex of a child or juvenile decided to be sentenced is not only the act of creating a sound sexual values of juveniles, but also the act of causing negative impacts on the establishment of a sound sexual culture in our society, and is also disadvantageous to the defendant.

On the other hand, the Defendant is against the Defendant’s confession while committing the instant crime, and the primary offender who has no record of criminal punishment, etc. are favorable to the Defendant.

In addition, the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime are discussed.

arrow