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(영문) 의정부지방법원 고양지원 2017.11.03 2017고합187
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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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

1. On May 9, 2017, the Defendant, around 17:00 on May 9, 2017, sent E (i.e., 17 years old) to his/her place, and (ii) sent 200,000 won in cash to his/her female to purchase the sex of the juvenile, on May 9, 2017, at the Defendant’s residence located in Yongsan-gu, Seo-gu, Seo-gu, 408 dong 806, and through “D” (hereinafter “D”).

2. On May 14, 2017, the Defendant committed the act of purchasing juvenile sex at the same place as around 14:00 on May 14, 2017, and in the same manner as above E and once in the same manner, and in return, delivered KRW 20,000 in cash.

3. On June 1, 2017, the Defendant committed the act of buying the sex of juveniles by making a deposit with G located in the same Gu F on June 1, 2017, with the said E, and by making a deposit with the said E once, and by remitting KRW 300,000 to E’s account in return for the deposit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of text, photographs, G and suspect photographs;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of fines for the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37(1), Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex) on June 1, 2017, which is the largest punishment for concurrent crimes);

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 against Sexual Abuse;

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

1. Scope of punishment by law: Fines of 10 million won and 375 million won; and

2. The sentencing criteria shall not apply since the range of punishment subject to recommendation according to the sentencing criteria has been selected; and

3. Determination of sentence: The perception of the sex of the instant crime is complete for a fine of KRW 10 million.

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