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(영문) 부산지방법원 서부지원 2017.10.19 2017고합100
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant shall be innocent.

Reasons

On December 24, 2016, the Defendant came to know the victim E (here, 199 birth) who is a juvenile by using mobile phone display D around December 24, 2016, and moved the victim to the Defendant’s residence.

On December 24, 2016, the defendant provided accommodation to the victim and paid cash of 50,000 won to the victim at the defendant's residence located in Busan Seo-gu, Busan, and had a sex relationship with the victim once.

As a result, the Defendant, like the act of buying sex of a child juvenile, committed an act of buying sex of a child juvenile by giving money to the victim at least six times from around that time to February 10, 2017, as shown in the list of crimes in the attached Form.

Judgment

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be punished by imprisonment with prison labor for not less than one year but not more than ten years or by a fine not less than 20,000 won but not more than 50,000 won.

Article 2 subparag. 4 of the same Act provides that "the act of purchasing child's sex" means that a child or juvenile provides or promises to provide money or other property benefits, job convenience, etc. to a child or juvenile to allow him/her to do sexual intercourse, etc.

Here, there was “the provision of consideration” or “the promise of the provision of consideration,” which is the requirement to constitute “the act of purchasing child and juvenile sex”

Whether it can be seen is a sound common sense by comprehensively taking into account the contents and legislative intent of the above Act, the age, sexual intercourse, environment, economic situation, age, occupation, sex, sexual intercourse, sex relationship of the defendant and the child, circumstances leading up to the contact between the defendant and the juvenile, contact method, place and time of sexual intercourse, amount of money and valuables provided, details of property benefits or job convenience, relationship between the sexual intercourse and the provision of money and valuables, circumstances before and after the sexual intercourse, etc.

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