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(영문) 광주지방법원 2019.01.16 2018고단1908
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2018. 4. 27. 18:00경 광주 북구 운암동에 있는 카페에서, 스마트폰 어플인 'B'을 통해 알게 된 C(여, 16세)에게 “ ㅈㄱ(돈을 주고 성교를 한다는 '조건 만남'의 줄임말인 '조건'의 두음)”라는 내용의 문자메시지를 보내고, 계속하여 같은 날 19:30경 위 C에게 “(성매매 대가를) 20만 원에서 30만 원으로 올려줄게.”라는 내용의 문자메시지를 보내 위 C를 유인하는 등 아동ㆍ청소년의 성을 사기 위하여 아동ㆍ청소년을 유인하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement [the witness D’s statement is detailed and specific as to the content of the message sent by the Defendant to C, the background that the Defendant sent to C to the place of promise, the background leading up to the Defendant’s delivery, the 112 declaration, and the background leading up to arrest. The Defendant is also aware of C as a minor and recognized the facts between the places of promise. While the Defendant was aware that C was a minor, C was aware of his/her minor, according to evidence, C was found to have expressed several messages that he/she was a minor. Thus, even if the Defendant did not directly confirm that C was a minor, it does not interfere with the establishment of intention.] The application of statutes

1. Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of fines concerning the relevant criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An act of inducing a child or juvenile with the age of sentencing under Article 334(1) of the Criminal Procedure Act to instigate the sex of a child or juvenile with the reason for sentencing is necessary not only to infringe on the human rights of children or juveniles who can have the awareness of sex, but also to severely punish children or juveniles as it is likely to encourage them to easily fall into the suspicion of sexual traffic.

criminal records of the same kind.

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