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(영문) 수원지방법원 평택지원 2019.05.03 2019고합18

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

The Defendant is a space between B (n, 13 years old) and C, which is a child or juvenile, and a smartphone-making display.

On August 4, 2018, at around 17:25, the Defendant sent a smartphone-rating to and connect with B, “Wilman, who received money,” and provided that “W will give KRW 100,000,000,000 on the terms of gender relations,” which led B to the front door of the E Elementary School located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and then, the Defendant took the above B into the front door of the E Elementary School located in Dong-gu, Incheon, and had sexual intercourse once with the Defendant, thereby purchasing child and juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of mobile phone witnesses;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

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

1. The crime of this case, which did not issue an order of disclosure and notification, does not constitute “sexual crimes against children or juveniles” subject to an order of disclosure and notification of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and “sexual crimes against children or juveniles under the age of 13” and “sexual crimes against children or juveniles under the age of 13,” and thus is not subject to an order of disclosure and notification.

1. Where a conviction of a defendant who has registered personal information of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is accordingly Article 43 of