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(영문) 인천지방법원 2017.12.08 2017고합603
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant reported and contacted “A, 150,000 won, 250,000 won, 199,000 won, and 19,000 won,” included in “A, 16 years of age, 16,000,000 won, and 19 years of age,” in Smartphone D, a child or youth.

1. On July 2017, the Defendant given 150,000 won to the above D and sexual intercourse in the mutual influence in the vicinity of the Incheon Gyeyang-gu E market.

2. On August 6, 2017, around 18:04, the Defendant provided the said D with KRW 1.50,00 and sexual intercourse at the heading room 308 located in the Incheon Gyeyang-gu Incheon Gyeyang-gu F.

As a result, the defendant provided compensation to children and juveniles twice and provided sexual intercourses, thereby purchasing the sex of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing H dialogue with the suspect;

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 as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is heavier, on August 6, 2017];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Reasons for sentencing under Article 21 (2) (main sentence) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: There is no type 1 (the act of purchasing the sex of a child or juvenile) [the scope of a punishment recommended] (the act of purchasing the sex of a child or juvenile] (the act of purchasing the sex of a child or juvenile for a child or juvenile under the age of 19] (the scope of a punishment recommended] (the scope of a punishment recommended), the basic area of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex)

B. The scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with labor for up to 10 months and up to 3 years and up to 9 months; however, taking into account the legal applicable punishment.

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