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(영문) 대구지방법원 의성지원 2017.07.11 2016고합32
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

1. Defendant A, B, and D shall be punished by imprisonment with prison labor for not more than ten months.

However, this judgment is delivered to the above Defendants.

Reasons

[Judgment of conviction] The guilty charge of Defendant A, B, and D

1. On June 27, 2016, from around 02:00 to June 29, 2016, Defendant A provided J (M, 14 years of age) with 20,00 won of pigs, with 40,000,000 won of bit, which was known through a smartphone-sharing fishing rink, from around 02:0 to June 29, 2016.

Accordingly, the above defendant had committed acts of purchasing child or juvenile sex.

2. 피고인 B 위 피고인은 2016. 6. 29. 14:00 경부터 22:00 경까지 주거 지인 포항시 북구 K 원룸 202호에서 스마트 폰 채팅 어 플 리 케이 션을 통해 알게 된 청소년인 J에게 시가 18,000원 상당의 생일 케이크, 시가 12,000원 상당의 육회 비빔밥 등의 음식을 제공하고 2회 성 교하였다.

Accordingly, the above defendant had committed acts of purchasing child or juvenile sex.

3. On July 1, 2016, Defendant D provided food of KRW 300,00,000 and KRW 50,000,00 to a juvenile, who was aware of through a smartphone-making display method, around 03:0 on July 1, 2016, and provided them with meals of KRW 300,00,000 and KRW 50,000.

Accordingly, the above defendant had committed acts of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement by the witness J;

1. A protocol concerning the prosecution and the examination of the suspect of the police against the defendant D;

1. A protocol concerning the examination of suspect against the defendant B;

1. J's self-written statement;

1. Application of Acts and subordinate statutes of JJ recording

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, respectively, shall be applicable to the relevant criminal facts and the choice of punishment;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of each Criminal Act (the following circumstances considered favorable to the reasons for sentencing)

1. Article 62(1) of the Criminal Act of each suspended sentence (see, e.g., Article 62(1) of the Criminal Act (the following factors)

1. Order to complete a program, as prescribed by the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure disclosure, each of which is a child or juvenile.

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