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(영문) 인천지방법원 2018.08.17 2018고합418

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

No person shall purchase sex of a child or youth.

Nevertheless, the Defendant, at around 12:00 on March 31, 2018, paid KRW 30 million to F, a child or juvenile, who became aware of through the “E”, a smartphone hosting application, at the “D” conference located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Incheon, as of March 31, 2018, for the payment of KRW 12 million to F, a child or juvenile, who is 16 years of age, at the 12th anniversary of the month.

The promise of promise was made one-time sexual relationship.

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 with regard to F;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Articles 3 and 1 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16, Jan. 16, 2018); Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant, who is merely 16 years of age), and other circumstances, including the defendant's age, occupation and environment, social relationship, the details and result of the crime in this case; the situation before and after the crime in this case; the situation before and after the crime in this case; the situation before and after the crime in this case; the degree of disadvantage the defendant was put up due to the order; the anticipated side effect; the effect of preventing sexual crimes that may be achieved therefrom; and the effect of protecting children and juveniles from sexual crimes, the period of restriction on employment against the defendant in this case shall be determined as the order for restriction on employment.