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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On January 5, 2012, the Defendant: (a) around January 5, 2012, the Defendant had sexual intercourse 1.50,000 won and sexual intercourse in return for juvenile C (n, 14 years of age) and sexual intercourse, which was known through Internet hosting site Burddi, in the mutual incompetence located in the Nam-gu Incheon Metropolitan City, Nam-gu.
Summary of Evidence
1. The defendant's partial statement (a statement to the effect that he/she was unable to recognize that he/she was a juvenile at the time, although he/she had sexual intercourse with C by paying 150,000 won as at the time of the sale);
1. Examination protocol of suspect C by the prosecution;
1. Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 2011) that applies to the instant case, provides that “A person who has been finally convicted of a sex offense against a child or juvenile, or whose disclosure order has become final and conclusive pursuant to Article 38 (1) 5 shall be a person subject to registration of personal information: Provided, That a crime under Article 10 shall be limited to a case where a person has been convicted of two or more occasions of a crime under Article 10, or a child or juvenile is under 13 years of age.” In this case, the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 2011) that has deleted the said proviso does not meet the requirements prescribed in the above provision, and thus, Article 33(1) of the Addenda provides that “The amended provisions of Article 33(1) shall not apply to a person who first committed a sex offense against a child or juvenile before the enforcement date of this case.”
1. Relevant legal provisions and the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201) regarding criminal facts.