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(영문) 울산지방법원 2016.09.30 2016고합218
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 2016, the Defendant: (a) had a sexual relationship with F (16 years old) which was known through the mobile phone display case “E” at the “D” conference located in the Busan Seo-gu, Busan (hereinafter “D”); and (b) paid 200,000 won to F to purchase the sex of juveniles.

2. The Defendant stated the written indictment at the end of March 2016 as “3. In the end of March, 2016,” but appears to be a clerical error in “3. In the end of March, 2016.”

In order to pay 200,000 won to F in return for the sexual intercourse with F in Paragraph 1 at the trade in French-gu G, Busan and paid 200,000 won to F.

3. On April 2016, the Defendant: (a) had a single sexual intercourse with the F in paragraph (1) at the “I”; and (b) paid 200,000 won to the F in return, thereby purchasing the sex of juveniles.

4. On May 24, 2016, around 22:00, the Defendant: (a) had a single sexual relationship with “K” in “K” located in Seo-gu Busan High Court; (b) paid 200,000 won to the said F to purchase the sex of juveniles.

5. On May 28, 2016, around 17:00 on May 28, 2016, the Defendant had a single sexual relationship with “M” L in Gangseo-gu Busan Metropolitan City L, and paid 20,000 won to the said F in return, thereby purchasing the sex of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the F's statement;

1. Application of the Acts and subordinate statutes concerning conversations with Nmers;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the choice of punishment for the crime, and the selection of punishment for imprisonment;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

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

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