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(영문) 인천지방법원 2020.05.22 2020고합72
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six 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

No person shall purchase sex of a child or youth.

Nevertheless, on December 7, 2019, the Defendant proposed that “A(Y, 13 years of age) was aware of “B” through the Internet website “B” to “B,” and, around December 7, 2019, the Defendant met C in the vicinity of the E secondary school located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and moved C to an outdoor parking lot located in the vicinity of the Defendant’s ownership, and 100,000 won was paid to C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. C’s statement;

1. Each investigation report (verification of settlement receipt of the site and convenience store, and specification of the suspect);

1. A report on the occurrence and a report on the internal investigation;

1. 112 Report processing table, settlement receipt, warrant correspondence data, and thirdS inquiry records;

1. Application of statutes on site photographs;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);

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