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(영문) 대구지방법원 2014.07.04 2014고합122
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

The Defendant, via Smartphone C, promised to have sexual intercourses with “F”-based U.S. E in Daegu Dong-gu, on December 20, 2013, by paying KRW 203,50,000 and paying KRW 50,000,00,000, and paying KRW 16,000,000,000,000,000.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of Acts and subordinate statutes to each police copy of the statement made D;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is selected as a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a judgment on the registration of personal information under 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 pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency

Reasons for sentencing

1. Scope of applicable sentences under law: Fines of 10 million won to 25 million won;

2. Determination of sentence: In light of the legislative intent of Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which intends to specially protect the sex of a child who is not able to exercise the right to sexual self-determination, the age of the juvenile who is the other party to sexual purchase at the time of committing the instant crime of KRW 10 million, the defendant needs to be punished strictly.

However, the defendant is an initial criminal who has no record of criminal punishment, violates the criminal act of this case in depth, and does not repeat again, and the wife and young children are considered as having committed the crime of this case.

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