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(영문) 광주지방법원 목포지원 2018.10.11 2018고합59
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten 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

No person shall purchase sex from a child or juvenile in return for offering or promising to offer money, valuables, other property benefits, job convenience, etc. to him/her.

On July 12, 2018, the Defendant came to know the victims through the mobile phone display “B”.

On July 14, 2018, at around 03:00, the Defendant agreed to provide the victims C (a person under 14 years of age), and the victims D (a person under 13 years of age) with a “influence to give KRW 400,000,00 if circumstances were to exist,” one time of sexual intercourse with the victims, and provided 130,000 won in consideration of the consideration.

As a result, the defendant committed the act of purchasing sex of the victims who are children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement or stenographic record made by a victim C (a pseudonym) recorded in a statement CD;

1. A report on investigation (related to the confirmation of the victim) and a report on investigation (limited to the digital siren analysis data from mobile phones);

1. Application of the details of text messages of mobile phone (not more than 170 pages of investigation records) and the details of mobile phone messages (not more than 244 pages of investigation records);

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which provides for the relevant legal provisions and the choice of punishment for each of the offenses against children;

1. Aggravation of concurrent crimes by the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by the punishment prescribed for the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse against Sexual Abuse against Victims heavier than the punishment for concurrent crimes];

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018).

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