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(영문) 대구지방법원 2016.06.10 2016고합140
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 13:50 on February 24, 2016, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex), promised the victim F (V), who is a juvenile, to receive a cash of 1 million won and purchase the sex of the juvenile by promising the victim F (V, who is a juvenile of 14 years of age) to have his/her fingers included in the sound book of the victim through mobile phone hosting 211 in Daegu North-gu, Daegu, Daegu, in return for the price for cash of 1 million won.

2. From February 22, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving).

4.1. Even though the driver's license has been invalidated by up to 1.0, the driver's license had been driven by GWz automobiles over the following two occasions:

A. On February 24, 2016, around 13:00, the Defendant driven the said car at a section of about 10km from the Dowon-dong to the Dowon-gu, Daegu Northern-gu, Daegu Northern-gu, about 10km.

B. On February 24, 2016, around 15:40, the Defendant driven the said car at a section of about 500 meters from the 15:50 meters away from the Doldong-gu north-gu, Daegu, 101, to the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each investigation report (the sequence 31,32 of the evidence list);

1. Each photograph (the sequence 3,7 of the evidence list);

1. Application of statutes on a copy of each decision to suspend driver's license;

1. Relevant Article of the Act on the Protection of Juveniles from Sexual Abuse, Article 13 (1) (the occupation of gender purchase) of the Act on the Protection of Children and Juveniles from Sexual Abuse, Article 152 subparagraph 1 and Article 43 (the occupation of driving without a license) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the extent that the punishment is aggregated with the punishment specified for a violation of the Act on the Protection of Juveniles from Sexual Abuse, which is the largest punishment, and the punishment for a long term of each of the crimes above] of the aggravated Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

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

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