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(영문) 광주지방법원 2018.03.16 2018고합8
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. On September 7, 2017, at around 18:00, the Defendant sent cash 200,000 won to youth F (n, 17 years of age) in return for sexual intercourse at a “Eel” lux in Nam-gu, Nam-gu, Gwangju, in return for sexual intercourse.

2. On September 12, 2017, around 19:00, the Defendant: (a) provided cash 200,000 won to the above-mentioned juvenile G (V, 18 years of age) in return for sexual intercourse; and (b) provided sexual intercourse once.

Accordingly, the defendant committed a total of twice the act of purchasing the sex of the juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against F and statement made by the police (third time);

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes of the I conversation;

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 under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with the punishment prescribed for the crimes of violation of the Act on the Protection of Juveniles from Sexual Abuse (referring to the purchase of sex, etc.) committed on September 12, 2017, heavier penalty for concurrent crimes];

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction becomes final and conclusive against a crime in which personal information is registered and submitted under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of punishment: Fines of 10,000,000 to KRW 37,500,000;

2. Application of the sentencing criteria: The sentencing criteria are not applied since the fine is chosen. The crime of this case in the amount of 15,000,000 won is that the value of the sex of the defendant who is an adult purchases the sex of the juvenile whose value has not yet been fully established.

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