2017Gohap660 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.)

[Judgment of the court below] The punishment of the act of arranging sexual traffic partially recognized

Violation of the Act (sexual traffic), fraud, or arrangement of commercial sex acts, etc.

violation of the Punishment Act (sexual traffic)

A

He/she has received a decoration (prosecution), Kim Jung-hee, and Park Jong-hee (Trial)

Attorney B (Korean National Assembly)

September 28, 2017

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

To order the defendant to be put on probation.

The defendant shall be ordered to take a 80-hour course in preventing sexual traffic and provide community service for 120-hours.

Criminal History Office

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At around 12:00 on June 4, 2017, the Defendant promised the juvenile F (nive, 17 years of age) who became aware of through the aforementioned “E” to have sexual intercourses five times a month with the above F and the single sexual intercourses with the Defendant.

As a result, the defendant promised to provide consideration to juveniles, thereby buying sex for juveniles.

2. Fraud;

(a) Fraud against victim G;

On March 2017, the Defendant stated that “A victim G will be given KRW 6 million if he/she had sexual intercourses with B at the 6th time of the month” at the mutual infinite-si H around the end of 2017.

However, in fact, the Defendant had sexual intercourse with the victim at once with the intention of not paying the price for commercial sex acts immediately, and, if the Defendant wishes to receive 6 million won as agreed upon by the victim, it was thought that the victim himself/herself would have given up the performance of the contract because it was difficult to accept the condition that "if he/she wants to receive 6 million won as agreed upon by the victim, he/she would be in a situation from the second sexual relationship, or that he/she should immediately go to the contact," and the monthly income of the Defendant was limited to 1.50-1.8 million won from the beginning, there was no intention or ability to pay the price promised to the victim even if he/she had sexual intercourse with the victim from the beginning.

As above, the Defendant, by deceiving the victim as above, had the victim committed a single sexual intercourse with the victim, and exempted the victim from paying the consideration for sexual intercourse amounting to approximately one million won, thereby acquiring property benefits equivalent to the same amount.

(b) Fraud against victim F;

The Defendant stated to the victim F at the date, time, and place specified in the above paragraph (1) that “I would like to give 4 million won if he/she had sexual intercourses with B at least five times a month.”

However, in fact, the defendant was thought that he would not immediately pay sexual intercourse with the victim even if he wanted to receive 4 million won as a lump sum of 4 million won, and he would have the victim waive the performance of the contract by subjecting to the conditions that it is difficult to accept such conditions as the victim's sexual intercourse in outdoor, such as building and rooftop, or the victim's sexual intercourse with 2:1,00 won as "a defect in sexual intercourse". In addition, the monthly income of the defendant was 1.5 million to 1.5 million won. Thus, the defendant did not have any intent or ability to pay the price agreed upon to the victim even from the beginning, as seen above, even if he had sexual intercourse with the victim.

As above, the Defendant, by deceiving the victim as above, had the victim committed a single sexual intercourse with the victim and exempted the victim from paying the consideration for sexual intercourse amounting to approximately KRW 800,000,000.

3. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts;

On March 1, 2017, the Defendant: (a) paid 200,000 won in cash to the above G while engaging in one-time sexual intercourse through the said “E” in the mutual incompetence located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (b) engaged in sexual intercourse on five occasions in total from that to June 14, 2017, as described in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. The statement of each amnesty against F and G;

1. A business contract (a list of evidence 8);

1. Each photograph (Evidence List 2,3,5,10,18);

1. Each investigation report (Evidence List 4,9);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex by children and juveniles, the choice of imprisonment), Article 21(1) of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, Etc. (the purchase of sex by sex, the choice of imprisonment), Article 347(1) of each Criminal Act (Fraud point and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggravated for concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex Purchase, etc.)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation, Article 62-2 (1) of the Social Services and Criminal Act;

1. Order to attend lectures;

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

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: The crime against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc.;

[Determination of Types] The sexual traffic crime group, the sexual traffic crime subject to the age of 19, the purchase of sex by children and juveniles, and the first type (the purchase of sex by children and juveniles)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 months to 2 years and 6 months (Basic Area)

(b) Concurrent crimes 1: Fraud described in paragraph (a) of Article 2 of the Judgment;

[Determination of Punishment] Fraudulent Crime Group, General Fraud, Type 1 (less than KRW 100 million)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of six months to one year and six months (Basic Area)

(b) Concurrent Crimes 2: Fraud listed in Section 2-b of the Judgment;

[Determination of Punishment] Fraudulent Crime Group, General Fraud, Type 1 (less than KRW 100 million)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of six months to one year and six months (Basic Area)

(c) Scope of sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than 10 months to 3 years; and

(d) Scope of modified recommendation: Imprisonment for not less than one year (inasmuch as it is inconsistent with the lower limit of the sentencing range recommended by the sentencing criteria under this Act, the lower limit of the recommendation type shall be set at the lower limit of the applicable sentencing range by law. In addition, inasmuch as each of the offenses for violation of the Act on the Punishment of Acts of Arranging Sexual Traffic (sexual traffic) for which no sentencing guidelines are set and the former part of Article 37 of the Criminal Act, only

3. Determination of sentence;

The Defendant committed sexual traffic with women including the juveniles, deceiving victims of sexual traffic, and evaded compensation for sexual traffic. The Defendant’s sexual purchase crime against the juveniles committed by the Defendant is highly likely to be criticized because the juveniles subject to protection are sexual humiliations. Since the perception of sexual intercourse is not formed properly, and the relevant juveniles lack judgment ability is violated human rights of the relevant juveniles, the offense is grave, and the Defendant again committed each of the instant fraud crimes even though he/she had been punished by fraud at the Seoul Western District Court on January 20, 2017, and each of the instant fraud victims of sexual traffic want to be punished by the Defendant, taking into account the fact that each of the instant fraud victims of this case want to be punished by the Defendant, there is a serious penalty corresponding to the nature of the Defendant’s crime.

However, considering the fact that the defendant seems to recognize and reflect all of his/her crimes, the amount of fraud is not so severe, the defendant's age is a letter, and other various sentencing conditions, such as character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment like the order shall be determined.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting an offense described in paragraph (1) of the judgment against the Defendant, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act (On the other hand, in this case, the crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., sexual purchase, etc.), which are a sex offense which is the cause of the registration of personal information in accordance with the former part of Article 37 of the Criminal Act, and the rest of the crimes, are sentenced to punishment pursuant to Article 38(1)2 of the Criminal Act. As such, Article 45(4

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young

A person shall be appointed.