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(영문) 인천지방법원 2017.05.12 2017고합108

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of KRW 30,000,000.

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

Reasons

Punishment of the crime

1. On July 1, 2016, the Defendant: (a) around 13:00, the Defendant: (b) provided cash 200,000 won to F, a juvenile F, who became aware of through the Defendant’s mobile phone hosting app “E” in the Defendant’s low-speed car parked in the Seo-gu Incheon-gu apartment parking lot; (c) provided cash 200,000 won in consideration of sexual traffic; and (d) provided the F and once sexual intercourse.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

2. On September 1, 2016, the Defendant: (a) around 03:00 on September 1, 2016, the Defendant: (b) in the low-end passenger car, parked in H Hadle-ro forest adjacent to the Seo-gu Incheon Metropolitan City Seo-gu, the Defendant: (c) provided 200,000 won in cash in consideration of sexual traffic; and (d) provided one-time sexual intercourse with F.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs, such as F, suspects, and vehicles;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes prescribed for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) committed on September 2016 with heavy penalty];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 20 million won to 75 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine.

3. Determination of sentence: The Defendant purchased the sex of a child or youth whose perception of sex has not yet been formed, and such a crime not only infringes on the human rights of the child or youth in question, but also affects the establishment of a proper and sound sex culture in our society.