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(영문) 대전지방법원 2017.02.14 2016고합466
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No person shall purchase child or juvenile sex.

On August 23, 2016, the Defendant proposed to the effect that “the sexual intercourses are defective in the state of being 200,000 won paid” to the victim E (the age of 16) who became aware of through the “Da” of a smartphone, and the victim consented thereto.

On August 23, 2016, the Defendant: (a) parked in the G parking lot located in Jung-gu, Daejeon, Daejeon on August 23, 2016, paid 200,000 won to the victim; (b) paid 200,000 won to the victim; and (c) sent the victim’s chest to the victim by inserting his fingers into the victim’s school uniforms; (d) sent the victim’s fingers under the part of the victim’s fingers; and (e) attempted to have sexual intercourse with the victim, thereby having contacted all or part of the victim’s body, which may cause sexual humiliation or aversion to the general public.

Accordingly, the defendant was committing a child juvenile's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes on seizure records (voluntary submission), list of seizure, seized articles, and on-site photographs;

1. Article 13 (1) of the Act on the Protection of Juveniles against Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 among 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 10 million won to 25 million won;

2. Determination of sentence: The crime of this case is punishable by a fine of 10 million won, even though the defendant protects the defendant as an adult so that he can have a sound sexual morality, and has a social responsibility to lead him to a correct way, the perception of sex still becomes correct.

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