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(영문) 서울남부지방법원 2018.10.18 2018고합425
성매매알선등행위의처벌에관한법률위반(성매매)
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A around April 4, 2018, around 19:45, at 203 Ecom 203 located in Guro-gu Seoul Metropolitan Government, Defendant A provided KRW 90,00 to G (W, 17 years old) who is a child and juvenile, and provided G (W, 17 years old), with his/her chest as soon as possible and with his/her finger as his/her hand, had a child and juvenile sexual intercourse with G.

2. Defendant B, around April 7, 2018, around 19:15, provided KRW 100,00 to G, a child juvenile in Guro-gu Seoul Metropolitan Government, through “F” and “F”, provided that Defendant B’s sexual intercourse with the Defendant’s sexual organ inserting the Defendant’s sexual organ into G, thereby purchasing the child’s sexual intercourse.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to J, K, and G;

1. A and G, the photograph recovered from K mobile phone (as of April 4, 2018) and the photograph recovered from K mobile phone (as of April 7, 2018, B and G), the suspect mobile phone F fluor screen screen, and the photograph, and the photograph, G and K’s conversation, the contents of G and J’s L Mes dialogue, the contents of K, J, and J’s L Mes dialogue, the personal information of customers of the A bank, the photograph, the photograph, the new bank CCTV flaf photograph, and the new bank automation device transaction list;

1. Application of Acts and subordinate statutes to each investigation report (the investigation of seized suspects K and G mobile phone analysis, investigation of CCTV analysis in the vicinity of the Eel, and application of the Act and subordinate statutes to the I telecom crime);

1. Relevant legal provisions and the Defendants’ choice of punishment on criminal facts: Article 13(1) of the Act on the Protection of Juveniles from Sexual Abuse (hereinafter “Juvenile Sex Protection Act”)

1. Defendants to be mitigated of small amount: Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances among the reasons for sentencing in the judgment);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as stated in the judgment);

1. Defendants attending lectures: The main sentence of Article 21 (2) of the Juvenile Sex Protection Act

1. Defendants exempted from employment restriction orders: Addenda to the Juvenile Protection Act ( March 13, 2018).

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