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(영문) 대전지방법원 2017.08.25 2017고합170
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 11:00 on January 18, 2017, the Defendant: (a) committed a single sexual intercourse with G (V, 15 years old) who is a child or juvenile with a child or juvenile who was living alone, and (b) paid KRW 90,000 in return, with the Defendant’s driving E-mailed car in the Jung-gu Seoul Special Metropolitan City D apartment parking lot; and (c) made a single sexual intercourse with G (V, 15 years old).

2. On February 1, 2017, at around 11:24, the Defendant, within the office of the Defendant located in Daejeon Dong-gu H and I, through mobile phone-type “F,” agreed to contact G with him as a result of the morale of G and pay KRW 90,000 in return for the deception. At around 12:05 on the same day, the Defendant induced a child or juvenile, who is a child or juvenile, to instigate the sex of a child or juvenile, by having him/her enter the front of the Daejeon-guJ on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. G statements;

1. A report on internal affairs (a photograph by cutting down a text message sent and received by a control police officer and the victim), internal affairs report (a photograph by cutting down a text message sent and received by the defendant and the victim), or a photograph by cutting down each text message;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant legal provisions and Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of purchasing the child's sex), Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of attracting the purchase of the child's sex), and the choice of imprisonment with labor for each crime;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the purpose of increasing concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes)

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Act on the Protection of Children and Juveniles against Sexual Abuse;

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