logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.11.02 2017고단2808
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 23, 2017, at a place where the location of around 00:10 is unknown, the Defendant: (a) contacted the mobile phone display “B” to the E (here, 18 years old) who became aware of the sex of the child and youth through the hosting that was posted as “E” and “D,” in order to boost the sex of the child and youth, and (b) induced the child and youth to commit fraud, such as inducing E to become a child and youth in the future of the F apartment of the Jung-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

Where a conviction on the crime of this case is finalized against a defendant who is aware that the victim was a minor at the time of committing the crime, and is against his/her duty to register and submit personal information, 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

[ Meanwhile, the crime of this case is a crime falling under Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and falls under “sex crimes against children” under Article 2 subparag. 2 of the same Act, but does not fall under “sexual crimes against children” under Article 2 subparag. 3 of the same Act, and thus, it does not constitute “sexual crimes against children” under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow