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(영문) 부산지방법원 서부지원 2019.07.25 2019고합92
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendants shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 4, 2018, at around 23:00, Defendant A sent F (13 years old), G (14 years old) to a parking lot for the Ipark located in the city of Busan, which was driven by the Defendant, which was known through the “E”, “D” in front of the “D” located in the Busan, Seo-gu, Busan, and had the said children and juveniles prompt the Defendant’s sexual character in order after paying KRW 80,00 to the said children and juveniles within the said car.

As a result, the Defendant committed the act of purchasing child or juvenile sex.

2. At around 03:00 on September 9, 2018, Defendant B entered F (13 years old), who is a child or juvenile, as described in the foregoing paragraph (1), or G (14 years old), into the Melburian Don, which was known through the “L”, in the vicinity of the K Hospital located in the Busan Sindong-gu, Busan. At this point, Defendant B paid 430,00 won to the above children and juveniles at this point, and the chests of the above children and juveniles continued in turn by hand.

As a result, the Defendant committed the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. Application of each investigation report (specific suspect), investigation report (victim's statement video CD transmission) statute;

1. Defendants under relevant criminal facts: Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Commercial concurrent defendants: Article 40 of each Criminal Code

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (hereinafter referred to as “contributing circumstances favorable to the following grounds for sentencing”);

1. Defendants of orders to attend lectures or orders to provide community service: The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Defendants of an employment restriction order: Each former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); the main sentence of Article 56(1) of the Addenda to the Act on Welfare of Persons with Disabilities; and the Act on December 11, 2018.

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