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(영문) 수원지방법원 여주지원 2018.12.13 2018고합56
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
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

1. On July 2017, the Defendant violated the Act on the Punishment of Acts, such as Arranging Commercial Sex Acts, Etc. (sexual traffic) provided that “E hotel” in “E hotel P, which is located in P, P, P, P, P, P, and P, 50,000 won for the F, which was known through cell-type app (18 years of age) and one time of sexual intercourse.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. After having become aware of the fact that the above F is a juvenile, the Defendant: (a) around August 2017, the Defendant provided F with KRW 2.50,00 and once sexual intercourse in H located in Dongdaemun-gu Seoul Metropolitan Government.

B. At the end of August 2017, the Defendant provided F with KRW 300,00 and 300 on a single sexual intercourse at a non-person radius located in the Gyeonggi-si.

As a result, the defendant had engaged in buying sex of children and juveniles twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A detailed statement of deposit transactions, details of inquiries about financial information, and personal information;

1. Application of F photographic Acts and subordinate statutes (fix of a statement recording image);

1. Relevant legal provisions and Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex to children and juveniles, the choice of each imprisonment with labor), and the Punishment of Acts, such as Arranging sexual traffic (the occupation of sexual traffic and the choice of imprisonment with labor);

1. An aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase, etc. of sex), which is the most severe crime, around August 2017];

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

1. A prosecutor exempted an employment restriction order from disclosure and notification of personal information against the Defendant, but each of the instant offenses does not fall under any of the subparagraphs of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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