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(영문) 인천지방법원 2017.11.30 2017고합585
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant had engaged in the purchase of child and juvenile sex three times as follows.

1. On May 27, 2017, the Defendant: (a) around 09:30, around Incheon Gyeyang-gu, Incheon Gyeyang-gu, and 103, had youth D (V, 17 years of age) known through “C” of smartphoneing apps, as soon as possible and paid KRW 50,000 as the Defendant’s sexual flag.

2. On June 4, 2017, around 11:06, the Defendant had the above juvenile D (V, 17 years of age) enter the Defendant’s sexual organ as soon as possible, and paid KRW 50,000 in compensation therefor.

3. On August 1, 2017, around 07:20, the Defendant had the above juvenile D (V, 17 years of age) enter the Defendant’s sexual organ as soon as possible, and paid KRW 50,000 in compensation therefor.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. A police investigation report (a copy, such as an abstract of resident registration D, etc.), and data attached thereto;

1. Application of statutes to a copy of the message;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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. A prosecutor who intends to issue an order to disclose or notify personal information to the defendant. However, a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (such as purchase of sex, etc.) does not constitute “sexual assault against children or juveniles” under Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 subparag. 2 of the same Act is “sexual assault against children or juveniles,” but the victim is under 13 years of age, and the subject person is not the victim is not under 13 years of age. Thus, each subparagraph of Article 49(1) and each subparagraph of Article 50(1) of the same Act.

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