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(영문) 인천지방법원 2015.02.06 2014고합832
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 13, 2014, at around 11:35, the Defendant: (a) laid off the SM5 car owned by the Defendant in the vicinity of the Nam-gu Incheon Metropolitan City Office, 86 ri-ro Office, an 86 ri-ro Office, with a youth, and driven the said car, parked the said car on the LABP car 19-ro 19, south-gu, Incheon, Nam-gu, and paid KRW 60,000 to D, and (b) provided D with the said car one time.

As a result, the defendant committed the act of purchasing sex of D, which is a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to written appraisal;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused falls under 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 such accused

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Recommendations and sentences on the sentencing guidelines (decision of types), the sexual traffic crime group, the sexual traffic crime subject to the age of 19, the act of purchasing the sex of children and juveniles (generally punished persons) [the scope of recommending punishment] the serious reflective nature ( mitigated factors) [the scope of recommending punishment] from six months to one year ( mitigated areas).

3. Determination of sentence: In the case of 8 months of imprisonment and 2 years of suspended sentence, the defendant was merely 13 years of age, and thus, he purchased the sex of a juvenile whose proper sexual values have not yet been formed, and the liability for such crime is not minor.

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