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(영문) 부산지방법원 2015.11.13 2015고합491
아동ㆍ청소년의성보호에관한법률위반(매매)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On March 3, 2015, the Defendant: (a) provided the victim E (here, 15 years of age) with cash 100,000 won in return for sexual traffic and had sexual intercourse with the victim E (here, 15 years of age) purchase the sex of the juvenile.

2. On May 1, 2015, the Defendant: (a) provided the said victim with cash of KRW 50,00 in return for sexual traffic and had sexual intercourse with cash of KRW 50,000; and (b) provided the Defendant with sexual intercourse with the victim on May 3, 2015.

3. On May 2015, the Defendant: (a) provided the victim with accommodation costs of KRW 40,00,000 in the said telecom room in return for engaging in commercial sex acts; (b) had sexual intercourses with the victim on May 6, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each internal investigation report (the No. 4, 5, 6 of the evidence list);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes for the crimes of Article 1 of the most severe judgment] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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

1. The sentencing criteria shall not apply as the case has been selected by a fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

1. The scope of applicable sentences: Fines of 10 million won to 37.5 million won;

2. Determination of sentence: The Defendant paid 40,000 won to female juveniles aged 15 years or older through smartphone hosting and provided sexual intercourse over three occasions, and used them as a means to take their sexual desire by treating them short of judgment as money. The instant crime is the case where: (a) the Defendant paid 40,000 won to female juveniles aged 15 years or older; and (b) the Defendant used them as a means to take their sexual desire by treating them as money.

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