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(영문) 서울북부지방법원 2017.11.24 2017고합274
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On March 20, 2017, around 20:05, the Defendant: (a) parked in the EM5 passenger parking lot under the Gangnam-gu Seoul Metropolitan Government D Apartment, and (b) provided a single similar sexual intercourse to G (V, 16 years of age) with the price for sexual traffic, and (c) caused the said G to devise the Defendant’s sexual organ by doing one time by doing the act of purchasing sexual intercourse with the Defendant’s sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. List of seizure and protocol of seizure;

1. Application of Acts and subordinate statutes to each investigation report ( independent, investigative police officers' statements, G telephone statements, similar acts, verification of appearance of female students as counter-party to such acts, etc.);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies to the relevant criminal facts and the selective punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant was unaware of the fact that G was a juvenile at the time of sexual traffic.

2. According to the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant appears to have known that G was a juvenile at the time of sexual traffic.

Defendant

We cannot accept the assertion of defense counsel.

① A youth who is merely 16 years of age, G was a minor, without any room to doubt G’s appearance, headyone day, significance, voice, horse speculation, etc., and the head of the Dongdaemun-gu Police Station, who prepared a statement protocol with respect to the Defendant H and G, which is a slope of the Dongdaemun-gu Police Station in charge of the Defendant’s control.

(2) The defendant's place where G and sexual traffic are conducted shall be an apartment parking lot, and people.

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