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(영문) 부산지방법원 2015.01.23 2014고합585
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

A shall be punished by imprisonment for not less than three years and six months.

Defendant

A shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

A은 2014. 7. 초순 일자불상 24:00경 부산 북구 D에 있는 E 앞에서, 스마트폰 애플리케이션 즐톡을 통하여 만난 피해자 F(여, 17세)에게 “조건만남(성매매)을 하여 돈을 받으면 나눠가지자.”라고 제의하여, 이를 수락한 피해자로 하여금 E 인근에 있는 G 모텔 등에서 3회에 걸쳐 피고인 A이 즐톡을 통하여 구한 남성과 성매매를 하도록 하였다.

As a result, Defendant A recommended a juvenile victim as a counterpart to the act of buying sex for business purposes.

Summary of Evidence

1. Defendant A’s legal statement

1. The statement of F recorded in each video recording CD;

1. Application of Acts and subordinate statutes to a investigative report (report on the suspension of the victim video recording);

1. Article 14 (1) 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 21(2) main sentence, (3) main sentence and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Probation, etc. Act [the scope of applicable sentences] : sexual traffic crimes under the age of 19 years from 2 years to 15 years [the determination of applicable sentences] ; mediation, etc. of sex trafficking for children and juveniles; 2 types [general person] ; where short-term business or actual profit is minor; 3 years to 6 years [the scope of recommendations] ; and 7 years from 3 years to 6 months (the basic area] ; the crime of this case is deemed that Defendant A recommended a victim who is a juvenile to engage in sexual traffic; the crime of this case is extremely poor in light of motive and circumstance of the crime; the victim's age; the defendant's solicitation of sexual traffic to the victim; and the defendant's use of sexual traffic by receiving the price for sexual traffic; and the process of this case appears considerably to be organized.

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