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(영문) 인천지방법원 2018.12.21 2018고합322
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On January 24, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence) in the Busan District Court’s Vice-Support on January 24, 2018, and the said judgment became final and conclusive on September 14, 2018.

[2] On December 12, 2016, around 23:00 on December 23:12, 2016, the Defendant engaged in purchase of sex by giving 150,000 won to D (n, 16 years of age) who met through the “C” in Yeonsu-gu Incheon Metropolitan City Bel, and by doing sexual intercourse.

[A public prosecutor initially instituted a prosecution for a violation of the Act on the Protection of Juveniles against Sexual Abuse (the purchase, etc. of sex) on the premise that the defendant was aware that he/she was a child, but applied for the amendment of a bill of amendment to the indictment on October 18, 2018. On November 28, 2018, this court permitted the amendment of the indictment at the seventh public trial of this case on November 28, 2018. As long as he/she is found guilty of the added indictment, he/she does not separately determine the facts charged of the crime of violation of the Act on the Protection of Children against Sexual Abuse (the purchase, etc. of sex).

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E, D, and F;

1. Statement of the police statement related to G;

1. Previous convictions: Inquiries about criminal history (A), reporting of confirmation of the results of previous convictions of disposition, inquiry of case summary information, and application of each statute of judgment;

1. Article 21 (1) of the Act on the Punishment of Acts, such as Mediation, etc. of elective Commercial Sex Acts, concerning facts constituting an offense, and Article 21 of the same Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fine not exceeding 3,00,000 won;

2. Not setting the sentencing criteria: The sentencing criteria are not set for offenses against the Act on the Punishment of Acts, such as brokerage of sexual traffic.

3. Determination of sentence: A fine of 2,000,000 won; and

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