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(영문) 인천지방법원 부천지원 2018.09.14 2018고합145
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

On July 3, 2018, the Defendant paid KRW 100,000 in return for sexual traffic to juveniles C (17 years of age, female) (hereinafter referred to as 17 years of age,) who became aware of through string apps at the Defendant’s residence located in Seocheon-si B and 202, and C was in similarity by causing circumstances by generating the Defendant’s sexual organ in his/her hand.

As a result, the defendant was committing a child juvenile's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the details of conversations between the person under question and the juvenile under question;

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 therefor;

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be the basic area of the types of sexual traffic crimes under the age of 19 (the act of purchasing the sex of children and juveniles) (the scope of the recommended punishment], the basic area of the punishment, the period of 10 months to 2 months [the final scope of punishment], the period of 10 months from 10 months to 2 months from 6 months from 1 year to 2 years (the lowest limit of the applicable punishment shall be set according to the minimum limit of the applicable punishment in law).

3. The fact that the Defendant recognized the instant crime and reflected the sentence is favorable.

On the other hand, the defendant has a record of being suspended from indictment for the same crime, and the crime of purchasing the sex of juveniles like this case has a great adverse effect on the sexual identity and values at the stage of establishing sexual identity and values, and in light of social norms, it is necessary to strictly punish the juvenile for the purpose of money and valuables.

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