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(영문) 인천지방법원 부천지원 2021.01.22 2020고합304

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2020, the Defendant paid KRW 250,000 in return, after having disturbed D (at the time, 15 years of age) and one time of sexual intercourses with B (at the time, 15 years of age) around 01:00.

As a result, the defendant, who is a child or juvenile, had the sex of D.

Summary of Evidence

1. The application of the police statement protocol (Evidence No. 7 No. 5 of the evidence list) No. 2 to the defendant's legal statement D to the defendant's photographic materials E used at the time of arranging sexual traffic, the advertising words, pictures used when sexual traffic is mediated; and

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 therefor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

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

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) main sentence and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17338, Jun. 2, 2020); Article 59-3(1) main sentence and (2) of the Welfare of Persons with Disabilities Act

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of sexual traffic crimes]. The sexual traffic crimes subject to the age of 19 years.

(a) Purchase of sex of a child or youth [Type 1] There is no act of purchasing sex of a child or youth [the area of recommendation and the scope of punishment for a special sentencing] [the area of recommendation and the scope of punishment], the basic area of imprisonment with labor for October through February;

3. 선고형의 결정: 징역 10월, 집행유예 2년, 수강명령 40 시간, 취업제한 2년 ◎ 불리한 정상 - 아 동 ㆍ 청소년 성 매수범죄는 성적 정체성과 가치관을 확립해 나가는 단계에 있는 아동ㆍ청소년의 건강한 성장을 가로막고 우리 사회의 올바르고 건전한 성문화 정착을 저해한다는 점에서 그 해악이 매우 크다.

- The Defendant.