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(영문) 인천지방법원 2017.09.01 2017고합335

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 January 4, 2017, at around 22:00, the Defendant met F (n, 15 years of age) obtained through “E” in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the knowledge that he/she is a child or juvenile, and even though he/she knows that he/she is a child or juvenile, he/she moved the F to a neighboring parking lot, he/she paid 120,000 won for commercial sex acts at that place, and in return, exchanged F with the Defendant once.

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. Application of Acts and subordinate statutes to the police statement protocol (No. 2 times) to F;

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 and background of the crime, means and result of the crime, etc. shall be determined in the same manner as the order is comprehensively taking into account various sentencing conditions shown in the arguments, such as the circumstances after the crime.