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(영문) 인천지방법원 2017.11.30 2017고합635
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

1. On July 24, 2017, the Defendant paid 200,000 won for sexual traffic to G, and paid 20,000 won for sexual traffic to G, at the Ecom located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and as a result, from smartphone-rating F.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

2. On August 8, 2017, at around 20:27, the Defendant paid KRW 130,000 to G and G in front of the I task located in Bupyeong-gu, Incheon, Bupyeong-gu, and decided to have sexual intercourse with his/her female by paying KRW 130,00 in advance of the I task.

Accordingly, the defendant recommended children and juveniles to sell sex to G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. Taking photographs of the victim's mobile phone;

1. Application of investigation reports (on-site conditions of A Arrest), investigation reports (to hear statements from a witness G phone);

1. Relevant Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of gender purchase), Article 13 (2) of the same Act, and Article 13 of the same Act, and the selection of imprisonment, respectively, for the crime;

1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes specified in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the Protection of Children and Juveniles against Sexual Abuse due to the purchase of more severe gender (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the crimes above two crimes) ;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of punishment by law: Imprisonment with prison labor for up to six months - Five years and six months;

2. Scope of the recommended sentence on the sentencing criteria: Imprisonment with prison labor for at least ten months (the lower limit of the recommended sentence on the sentencing criteria is limited to the case where the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse due to the solicitation of sexual traffic for which the sentencing criteria are not set.

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