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(영문) 광주지방법원 2018.12.14 2018고합450
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant

A Imprisonment of 10 months, Defendant B imprisonment of 8 months, and Defendant C of 1 year, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

1. No person who is a defendant A shall purchase sex of a child or youth;

Nevertheless, around 01:00 on May 4, 2018, the Defendant, within the vehicle of the Defendant parked in the studio parking lot in Gwangju Mine-gu, without knowledge of the trade name in the 01:0, a child or juvenile E (n, 14 years of age) and sexual intercourse with a child or juvenile E (n, 14 years of age) and paid a cash of KRW 100,000 in return, to purchase the sex of a child or juvenile.

2. No person who is accused B shall purchase sex of a child or youth;

Nevertheless, around 00:00 on May 4, 2018, the Defendant engaged in sexual intercourse with H (15 years old) who is a child or juvenile and paid 130,000 won in cash to purchase the sex of a child or juvenile.

3. No person who accused C shall purchase sex of a child or youth;

Nevertheless, at around 04:15 on May 4, 2018, the Defendant, a child or juvenile, who became aware of through the h (15 years old), and sexual intercourse (14 years old), in the Gless Youth located in Gwangju Mine-gu, and mobile phone displaying "D (hereinafter referred to as "D"), provided the above juveniles with one hundred thousand won in cash in return for doing so.

Summary of Evidence

1. Each legal statement of the defendant A, B, and C

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Relevant Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Aggravated concurrent crimes C: The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against children and juveniles who violate the Act on the Protection of Children and Juveniles against Sexual Abuse against which the criminal situation is heavier) ;

1. Defendant A and B to be mitigated: Article 53 of the Criminal Act.

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