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(영문) 인천지방법원 2017.11.24 2017고합627
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2017, around 08:15, the Defendant paid 100,000 won for sexual traffic to E, and made a single sexual intercourse with E, which was known to E (14 years old) as “D” in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

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. E statements;

1. Application of Acts and subordinate statutes on the sales slips;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The scope of punishment by law: Imprisonment for not less than six months - five years;

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] shall be limited to the basic area of the first type (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles) [the scope of recommended punishment], October, 10-two years and six months;

3. Determination of sentence: Imprisonment with prison labor for 10 months, suspended execution for 2 years, and the age, sex, environment, family relationship, motive, means and result of the crime, and other factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as above.

D. Unfavorable circumstances: The crime of this case is not completely established with the awareness of sex and purchased the sex of a juvenile who lacks the ability to determine, and such crime is not good in that it affects the sound sexual values of juveniles as well as the establishment of sound sexual culture in our society.

In favorable circumstances, the defendant shows his attitude to recognize and reflect his mistake.

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