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(영문) 부산지방법원 2019.10.04 2019고합353
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on March 6, 2019, the Defendant came to know of the victim C (here, 16 years of age) who is a child or juvenile through the cell phone display system, “B,” and decided to do so under the term “time-off” with the said victim. On March 7, 2019, around 20:40, the Defendant entered the said victim as a hotel located in the EV No. 2 of the EV located in the Dong-gu, Busan Metropolitan City, and entered the said victim as a hotel located in the EV No. 2 of the EV located in the Dong-gu, Busan Metropolitan City, and made a sex relationship with the victim with the victim while giving KRW 1.5 million to the victim.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, F and G;

1. Investigative reports (victim C, 16 years of age, and video recording for intellectual third-class disabled persons), records of damaged statements recorded CDs, records of statements made by the victim, intermediary reports, statements and analysis opinions;

1. On-site report (Attachment of a photograph of the witness to the closure of the H dialogue), closure photographs of the contents of the H conversation divided by the suspect A and the victim, the suspect AH propy photographs;

1. Application of Acts and subordinate statutes to report on the behavior of the child problem within the original family;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing the sex of children or juveniles and the choice of imprisonment with labor) concerning the relevant criminal facts and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

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

1. The exemption from the employment restriction order, while the instant crime does not constitute “sexual crimes against children and juveniles” subject to the disclosure and notification order of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and “sexual crimes against children and juveniles under the age of 13” and “sexual crimes against children and juveniles under the age of 13,” and thus, the Defendant is not subject to the disclosure and notification order.

The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Addenda to Act on Welfare of Persons with Disabilities.

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