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(영문) 의정부지방법원 2016.12.21 2016고합289
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2016, the Defendant: (a) around 16:30 on the back of “D” in Yangju-si, and (b) on the back side of “D” in Yangju-si, and (c) on the Defendant’s Fhand-in vehicle, carried in the G apartment underground parking lot in Yangju-si, paid the following KRW 100,000 between the two, and provided a single sexual intercourse within the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Details of H dialogue;

1. Application of Acts and subordinate statutes on investigation reports;

1. Article 21 (1) of the Act on the Punishment of Acts, Including Relevant Acts concerning facts constituting an offense and mediation of selective sexual traffic;

1. Suspension of execution under Article 62(1) of the Criminal Act (The following requirements for sentencing under Article 51 of the Criminal Act):

1. The Defendant’s crime of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. does not mean that the Defendant engaged in sexual traffic by painting the other party through smartphone hosting display. However, the Defendant’s crime of this case is not exceptionally punished. However, the Defendant recognizes and reflects the fact of sexual traffic, and there is no criminal power except that the Defendant was fined due to drinking driving, and the Defendant’s family members want to take the Defendant’s wife against the Defendant, taking into account the circumstances favorable to the Defendant, the Defendant’s age, environment, personality and conduct, etc. after the crime is committed, and taking into account all the sentencing conditions such as the Defendant’s age, character and conduct.

Division of Non-Offense

1. The summary of the facts charged (violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) paid 10,000 won to the juvenile E (nive, 14 years old) under the age of 19 years as indicated in the facts charged in the judgment, and made a single sexual intercourse, thereby purchasing child and juvenile sex.

2. Determination

A. To recognize this part of the facts charged, it is necessary to prove that the Defendant, at the time of the instant case, was aware that he was a child or juvenile under the age of 19, who had purchased his sex, and the perception here is E.

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