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(영문) 인천지방법원 2017.06.09 2017고합149
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 25,000,000.

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

Reasons

Punishment of the crime

The Defendant became aware of juvenile D (n, 16 years of age) through “C”, which is a smartphone, and became aware of the aforementioned D’s introduction, and decided to provide money and valuables to the said D and E and to provide sexual intercourse.

1. On January 1, 2017, the Defendant: (a) parked the G Amburged car in the official land located in the Southern-gu Incheon Metropolitan City, Seoul, on January 2017, 201; (b) paid KRW 100,000 in return for the purchase of sex; and (c) provided the said D and sexual intercourse at that place.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

2. On January 11, 2017, the Defendant parked a G-to-p invested vehicle in the vicinity of the construction site in Yeonsu-gu Incheon Metropolitan City H on January 11, 2017, and paid KRW 200,000 in return for the purchase of sex, and provided the said E and sexual intercourse at that place.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in D or E;

1. Application of Acts and subordinate statutes concerning I fireproof content;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) on January 11, 2017, heavier penalty for concurrent crimes];

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

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

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

1. The scope of punishment by law: Fines of not less than 20 million won but not more than 75 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and

3. Determination of sentence: The crime of this case, which is a fine of 25 million won, is not a good quality that the defendant who is an adult purchases twice the sex of a child or juvenile whose perception of sex has not yet been formed properly.

In particular,

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