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(영문) 울산지방법원 2015.07.23 2015고단959
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 9, 2014, at around 12:30, the Defendant recommended the above juveniles to have defects in DNA (n, 16 years of age), E (n, 16 years of age) to pay 100,000 won per capita, using smartphone-holding app “Grax” within the office where the Defendant working for the defendant in Ulsan-gu, Ulsan-gu, Seoul-gu, to use smartphone-making app “Mux”, and enticed the above juveniles as 501, GMoel in Ulsan-gu, Ulsan-gu, 15:00 on the same day.

As a result, the defendant entices children and juveniles to buy their sex or solicits them to sell their sex to them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each written statement of D and E;

1. A criminal investigation report;

1. Application of the Acts and subordinate statutes on telephone photographs and smartphone hosting photographs;

1. Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

1. Although the Defendant, as an adult, has a social responsibility to protect him/her so that he/she does not become the counter-party to the act of buying sex, the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good to encourage a female juvenile, who is only 16 years old and only 16 years old, to purchase sex of him/her and to purchase such sex.

However, in consideration of the circumstances favorable to the defendant, such as the confession and reflect of the defendant, the actual sex does not reach the actual sex, and the fact that there is no record of crime above the suspension of execution, and other various sentencing factors in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment shall be determined as ordered.

When a conviction against a criminal defendant who has registered personal information becomes final and conclusive, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.

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