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(영문) 인천지방법원 2019.07.05 2019고합324

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

Reasons

Punishment of the crime

1. On January 16, 2019, the Defendant paid KRW 1.50,00 to D (i.e., 17 years of age) known through “C”, a smartphone-making display application, in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and paid KRW 150,00 to such women, and provided a single sexual intercourse for such women.

2. The Defendant stated “Eel” in the indictment of Gyeyang-gu Incheon Gyeyang-gu Incheon E on January 21, 2019. However, according to the evidence’s reasoning, the trade name of the Defendant and the injured party can be recognized as “E hotel” and even if the facts charged were corrected as above, it appears that the Defendant’s exercise of the Defendant’s right to defense would not cause any substantial disadvantage. Thus, the Defendant’s ex officio correction is made.

In this regard, 350,00 won has been paid to the above D, and the female has been sexual intercourse once.

As a result, the defendant had engaged in buying sex of children and juveniles twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor, which shall be applicable to the relevant criminal facts and punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the imprisonment for a crime, as of January 21, 2019];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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

1. Purchasing the sex of a child or juvenile who is merely 17 years of age under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the age, occupation and environment of the defendant