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(영문) 인천지방법원 부천지원 2019.08.21 2019고단1612
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall induce a child or youth to buy sex or solicit him/her to sell sex in order to boost sex of a child or youth.

Nevertheless, around 18:16 on March 20, 2019, the Defendant recommended B (17 years of age) to the effect that he/she would give KRW 300,000 in return for engaging in sexual traffic with the knowledge that he/she is a child or juvenile, even though he/she was aware that he/she was a child or juvenile. On March 20, 2019, B came to go to his/her house after entering the said B into the exit No. 2 of the C Station located in Gyeyang-gu Incheon Metropolitan City on March 20, 2019.

As a result, the defendant recommended B to sell sex, and induced B to commit fraud of sex of children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Police investigation reports (Attachment of contents of messages sent and received by a suspect to female youth B) and application of Acts and subordinate statutes governing message photographs;

1. Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fines concerning the relevant criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to 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;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have induced a child or juvenile for the purpose of boosting the sex of a child or juvenile, and the nature of the crime is not good. However, the defendant is led to confession and reflect, and the fact that there is no record of criminal punishment except for the crime of violating the Road Traffic Act in 2016, etc. shall be considered as favorable circumstances to the defendant. The defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and various circumstances revealed in the records and arguments, such as the circumstances after the crime.

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