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(영문) 인천지방법원 2017.06.30 2017고합217

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On March 6, 2016, the Defendant reported and contacted C (16 years of age) on the terms posted on the “B” bulletin board, which is a mobile phone hosting 22:30 on March 6, 2016, and thereafter parked D B’s vehicle in the vicinity of Incheon, Seo-gu, Incheon, with knowledge that the female is a child or juvenile, and paid KRW 50,000 in return.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to arrest and report cases, and photograph suspects;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The scope of punishment by law: Fines of not less than 10 million won but not more than 25 million won;

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

3. Determination of sentence: The crime of this case, which is a fine of 10 million won, purchases the sex of a child or juvenile who is an adult, and such a crime is likely to be criticized in that it not only infringes on the human rights of the child or juvenile concerned but also has a serious adverse effect on the settlement of the correct and sound sex culture in our society.

However, the defendant is against all the confessions of the crime of this case, and he has no record of being punished for the crime.

In addition, the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime are shown in the arguments.