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(영문) 인천지방법원 2014.04.18 2013고합788
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

On April 23, 2013, the Defendant discovered and contacted that C (n, 12 years of age) who is a child or youth set up a room "D" and promised to engage in sexual traffic in dialogue with C, and that on the same day, at a sports park located in Seo-gu Incheon, Seo-gu, Incheon.

1. The Defendant had sexual intercourse with C at the Felel located in Seo-gu Incheon, Seo-gu, Incheon, and paid 30,000 won to his/her female, thereby purchasing child or juvenile sex.

2. On April 28, 2013, the Defendant: (a) had sexual intercourse with C at the place specified in paragraph (1) on April 19, 2013; and (b) provided 30,000 won to women, thereby purchasing the sex of a child or youth.

3. On July 13, 2013, the Defendant: (a) had sexual intercourse with Hel in Seo-gu Incheon, Seo-gu, Incheon and paid a woman KRW 100,000 to purchase the sex of a child or youth.

As a result, the defendant had three times of buying sex of C, a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (the attachment of text messages to photographs, and page 205 of investigation records);

1. Article 10 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) (Article 10 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 13 (3)

1. Of concurrent crimes, the aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravated punishment for concurrent crimes against children and juveniles who violate the Act on the Protection of Sexual Abuse against Children and Juveniles from Sexual Abuse due to the purchase of sex referred to in paragraph (3) of the most severe judgment);

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Community service and education order for children or juveniles;

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