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(영문) 대구지방법원 2013.04.17 2012고정4440
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 11, 2012, at around 03:00, the Defendant promised to pay KRW 140,000 and similar act by accessing the Internet Sc clubs (htp:/www. w.s.s.com) to the hosting site.

On August 11, 2012, at around 03:15, the Defendant decided to pay KRW 100,000 in cash with the above juvenile within the Defendant’s F-car parked in the front of E-Maart located in the Sinsan City, and purchased the sex of the juvenile by comparing it with the said juvenile once.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (Investigation report on the contents of command) and C photographic;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 10 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is selected as a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where the conviction of the defendant against the crime in the judgment that is a sex offense against a child or juvenile who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is subject to the registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 34

However, the disclosure order of registered information needs to be prudent in that it may have a serious impact on the rehabilitation of the defendant, and in this case, it seems that the registration of personal information alone can have an effect to prevent recidivism of the defendant. Thus, the disclosure order of registered information does not order the defendant to disclose or notify the registered information.

Defendant

The defendant and the defense counsel argued that C was unaware of the fact that he was a juvenile.

According to C's photograph, the appearance of C appears to be a juvenile and the appearance of C was significantly changed even at the time of the instant case where one year has passed since it appeared to be a juvenile.

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