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(영문) 인천지방법원 부천지원 2015.01.23 2014고합272

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 9. 30. 02:00경 스마트폰 채팅 어플리케이션인 ‘즐톡’을 통해 청소년인 C(여, 17세)을 알게 되었다.

The Defendant, while conducting the above hosting with C, proposed that he be called the “requirements”, and decided to engage in sexual traffic on the condition that C pay 100,000 won in return for a single sexual intercourse.

Therefore, at around 03:10 on the same day, the Defendant: (a) moved the above C to the 16 Incheon Special Metropolitan City Branch of Seopo-si Kimpo-si Kimpo-si, Kimpo-si, and (b) moved to the 16th Special Self-Governing Kimpo-si, Kimpo-si, Kimpo-si to the parking lot in the 03:10 on the same day, thereby purchasing the sex of children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written appraisal;

1. Each investigation report (Attachment of cell phone photographs of the victim, CCTV analysis for crime prevention, and application of Acts and subordinate statutes to specific suspects);

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

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

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

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Basic crimes applicable to the sentencing guidelines: Crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Determination of type), the sexual traffic crime group, the sexual traffic crime subject to the age of less than 19, the act of purchasing child or juvenile sex [the scope of recommendations] (the scope of recommendations] no act of purchasing child or juvenile sex (the basic area).

(b) Revision of a recommendation type: Imprisonment with prison labor for one year to two years (compliance with the lower limit of a punishment by law);

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the defendant has purchased the sex of a juvenile who has not yet formed proper sexual values, and the nature of the crime is very bad and highly likely to be criticized;

However, the defendant admits the crime of this case.