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(영문) 의정부지방법원 2016.11.24 2016고합380
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 14, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) decided to engage in sexual traffic on the condition that the Defendant would pay 150,000 won per 1,00 won per 1,00 won for juveniles E (n.e., 13 years of age) and 150,000 won per 1,000 won through a c and 15:30 dwellings of the Defendant on the 15:30 on December 14, 2015.

2. The defrauded stated that “The Defendant would give 1.50,000 won to the victim E an act of self-defense by hand,” at the time and place specified in paragraph (1).

However, at the time, the defendant did not have the intention or ability to pay the price of sexual traffic even though it is similar to the act in paragraph (1).

After deceiving the victim as such, the defendant acquired the pecuniary profit equivalent to KRW 150,000 by doing similar behavior with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to communications data meetings (A);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 347 (1) of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of a child or juvenile sex purchase, the choice of imprisonment), and Article 347 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Where a conviction becomes final and conclusive against a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, which has entered into the judgment on personal information of the head sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall sexual crime.

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