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(영문) 수원지방법원 안양지원 2017.12.29 2017고합192
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 by providing or promising to provide money, valuables, other property gains, duties, convenience, etc. to a child or youth, and by sexual intercourse against a child or youth.

Nevertheless, around 06:00 on August 16, 2017, the Defendant paid KRW 1.30,000 as the price for sexual traffic, through H (the age of 18), which is a juvenile who uses the clinic of “F” and the protocol pen of “G” using mobile phone-type type E in the Internet parking lot of Gyeyang-gu Incheon Metropolitan City D Apartment-gu, by using mobile phone-type type E, the Defendant paid KRW 130,000 as the price for sexual traffic, and was sexual intercourse with the said juvenile.

Accordingly, the defendant purchased the sex of the juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (No. 8 No. 5 of the evidence list) and accompanying materials;

1. A protocol of seizure and a list of seizure;

1. Report on internal investigation (case of a request for provision of specified number of the mobile phone number left after purchase and communications data);

1. Application of the photographic Acts and subordinate statutes after capturing a mobile phone conversation;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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. Where a conviction becomes final and conclusive on the facts constituting a crime of which the obligation to register and submit personal information under Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to each competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. Type 1 (the purchase of sex by children or juveniles) (the purchase of sex of children or juveniles) shall be the scope of the recommended punishment according to the sentencing guidelines (the determination of type).

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