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(영문) 인천지방법원 2019.05.31 2019고합165
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

At around 15:00 on January 18, 2019, the Defendant paid KRW 100,000 to D (the age of 17) that he became aware of through the 'B hotel in Bupyeong-si B, Busan, through the 'C', and provided sexual intercourse once.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim (six pages of evidence records);

1. Application of Acts and subordinate statutes to detect and report on violations of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Article 62 (1) of the Criminal Act;

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. Where a conviction becomes final and conclusive on the crime committed in the judgment that is 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, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal

Reasons for sentencing

1. Scope of punishment by law: One year to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be the act of purchasing the sex of a child or juvenile against whom the child or juvenile is under the age of 19 [Type 1] no act of purchasing the sex of a child or juvenile [the scope of the recommended field and the recommended type] [the scope of the recommended field and the recommended type], the basic area of imprisonment with prison labor for October through February 2 (the scope of the corrected recommended punishment according to the sentencing guidelines] 1 to 2 years and 6 months (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the law, since the lowest limit of the sentencing range of the recommended punishment in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences).

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence mean that the defendant, who is an adult, purchases the sex of a juvenile who lacks the ability to determine, without the proper formation of awareness of sex.

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