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(영문) 대구지방법원 2014.05.30 2014고합133
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 2013, the Defendant: (a) paid KRW 60,00 to the above C, which was known through a smartphone hosting cam, in the house of juvenile C (n, 14 years of age) located in the Seocho-gu Northbuk-gu B apartment; and (b) had sexual intercourse with C during the same month; (c) had sexual intercourse with C at the same place as above; and (d) had sexual intercourse with C during the same month, the Defendant had sexual intercourse with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to each police protocol copy of C;

1. Article 10 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) that provides relevant legal provisions and the selection of punishment for committing a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a judgment on the registration of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act

The reason for sentencing is that the age of the juvenile who is the other party to the sexual purchase at the time of the crime of this case was extremely 14 years old, and considering the legislative intent of Article 10 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant should be punished strictly.

However, considering the fact that the defendant is a primary offender who has no criminal record of any criminal punishment as a university student, and the fact that the defendant has committed the crime of this case in depth and has not committed a second offense due to an in-depth compliance consciousness, etc., circumstances favorable to the defendant shall be considered in favor of the defendant, and the arguments in this case, such as character, behavior, environment, means, motive and consequence of the crime, circumstances after the crime, etc. are revealed in the arguments

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