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(영문) 인천지방법원 2019.07.26 2019고합352
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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.

1. Around August 2018, the Defendant provided KRW 100,000 in cash to D (W, 14 years of age) a child or juvenile, who was aware of in the lower seat of the Defendant’s rocketing vehicle in the parking lot of the Incheon Reinforcement-gun B building B, Incheon, through the “C”, and provided him/her with sexual intercourse for such female.

2. Around November 2018, the Defendant provided KRW 100,000 in cash to D, a child or youth, at the rear seat of the Defendant’s vehicle in the above B-building parking lot at around 20:00 on the date of November 2018, and provided sexual intercourse to the female.

3. On March 2019, the Defendant committed a crime at the end of the end of the day of March 2019, at around 20:00, provided 10,000 won in cash to the Defendant’s back seat of the F parking lot located in Incheon Reinforcement-gun E, and provided children and juveniles with sexual intercourse for that female.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (attaching text messages sent and received by internal investigation persons, persons under internal investigation and female youth D);

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 [aggravating concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the largest penalty on March 2019] among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among 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. An employment restriction order;

A. Crime No. 1: The former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 56(1) main text of the Act on Welfare of Persons with Disabilities (Amended by Act No. 15904, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities.

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