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(영문) 인천지방법원 2019.11.29 2019고합683

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

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

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

Reasons

Punishment of the crime

On December 21, 2018, the Defendant paid 2.70,000 won as the price for sexual traffic to E (n, 16 years of age) known through mobile phone attachment D in Bupyeong-gu Incheon, Bupyeong-gu B Hotel C, Incheon, and paid 160,000 won to E (n, 16 years of age).

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes (E);

1. Investigation report (to hear statements and record the recording of reference witnesses);

1. Application of Acts and subordinate statutes on internal reporting (CCTV verification and settlement card verification);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The instant crime under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities (the Defendant’s purchase of the sex of children and juveniles who are merely 16 years of age); and other circumstances, including the Defendant’s age, occupation and environment, social relationship; the details and result of the instant crime; circumstances before and after the crime; the situation before and after the crime; the outline of the crime; the degree of disadvantage the Defendant was put by the Defendant due to the anticipated side effect; the preventive effect of the anticipated sexual crime; the effect of protecting children, juveniles, and persons with disabilities from sexual crimes; etc., the period of restriction on employment of the Defendant shall be determined as the order for the disclosure of personal information and the notification of personal information under Articles 49(1)1 and 50(1)1) of the Act on the Protection of Children and Juveniles.