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(영문) 수원지방법원 2015.09.03 2015고단3053
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A child or youth shall not be solicited to sell sex to a child or youth for the morale of sex.

Nevertheless, at around 17:00 on March 30, 2015, the Defendant recommended G (hereinafter “SEX 100,000 won”) (hereinafter “SEX”) (hereinafter “SEX 100,000 won”), which had opened a window of the FF-learning vehicle owned by the Defendant in the BEEM located in the AEM located in the EEM located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to sell the sex of children and juveniles by displaying the writing “if there is any e-mail, five minutes or ten minutes” as the mobile phone function of the Defendant’s mobile phone.

In addition, from March 30, 2015 to March 31, 2015, the Defendant recommended to sell the sex of children and juveniles six times as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to G, H, I, J, and K;

1. Vehicle photographs;

1. Handphones of Handphones;

1. Application of statutes on site photographs;

1. Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which enables the relevant legal provisions and the choice of punishment for the crime.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse are the victims of 13 to 17 years of age, the victims were aware that they were minors at the time of committing the crime, the victims did not have been able to feel a large mental impulse and sense of shame due to the Defendant’s act, the number of the crimes in this case is not significant, the Defendant was the first offender, and the Defendant is against himself/herself, and the crime was committed by contingency. In fact, it appears that the Defendant was the first offender, the Defendant was not going against his/her criminal act, and the fact that it was not going back to his/her sexual act, and other matters considered the conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and the environment.

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