2014Gohap251 Violation of the Juvenile Protection Act

A

The former citizens (prosecutions) and the Chief Justice (Public Trial)

Attorney B (Korean National Assembly)

July 11, 2014

A defendant shall be punished by imprisonment for one year.

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

Three copies (No. 4), three books (No. 5), and fifteen copies (No. 6) of the seized real estate lease agreement shall be confiscated, respectively.

Criminal History Office

No person shall, for the purpose of profit-making, have juveniles engage in sexual contact, such as physical contact or exposure to confidential parts, or arrange or instigate such conduct.

From May 26, 2013 to August 13, 2013, the Defendant operated a key in the name of "D" in the name of "D" in the Busan East-gu Office Officetel, Busan, for profit-making purposes, employed juvenile E (n, F, 16 years of age), G (n, H, 17 years of age) as an employee, and caused female to enter and use a key in physical contact by receiving a charge of KRW 60,000 from a number of unspecified men who found the place at 60,000 per hour from 170 to 70,000 won per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Investigation reports (report on the summary of telephone recording by female employees) and preparation of recording records;

1. Three copies (No. 4), three books (No. 5), fifteen copies (No. 6) of the seized real estate lease agreement, and fifteen copies (No. 6);

Application of Statutes

1. Article applicable to criminal facts;

Articles 49-2 and 26-2 subparag. 1 of the former Juvenile Protection Act (Amended by Act No. 11673, Mar. 22, 2013)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Confiscation;

The reason for sentencing under Article 48 (1) 1 of the Criminal Code [the scope of applicable sentences] 1 year to 10 years

[Application of the sentencing criteria] The crime of violation of the Juvenile Protection Act is not subject to the sentencing criteria because the sentencing criteria are not set.

[Decision of Sentence] One year of imprisonment and two years of suspended execution are crimes committed by a defendant for the purpose of making a profit-making and sexual contact with a juvenile. Considering that the legislative purpose of the Juvenile Protection Act is to protect the juvenile from various harmful environments including harmful acts so that the juvenile can grow into a sound character body by protecting the juvenile, and accordingly, the Juvenile Protection Act only provides imprisonment with labor under the punishment provision, the responsibility of the defendant is not weak, and thus, the defendant's serious punishment is needed for the defendant.

However, the punishment shall be determined as per the disposition in consideration of the fact that the defendant is faced with and against his mistake as a result of the crime, that the defendant has no record of punishment for the same crime, that there is no record of criminal punishment for the same crime, that the period of the crime is relatively short, and the execution of the punishment shall be suspended only once.

The new judge, new judge and new judge

Judge To call

Judges Il-il