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(영문) 수원지방법원 안산지원 2019.11.29 2019고합228
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall purchase child or juvenile sex.

1. On May 16, 2019, around 04:45, the Defendant provided cash 60,000 won to F (the age of 16) who was a child or juvenile that became aware of through E, within the Defendant’s Denz car parked in the 4th floor parking lot of the hospital C, and within the Defendant’s Denz car that was parked in the 4th floor parking lot of the hospital C, and provided sexual intercourse.

2. On July 15, 2019, the Defendant provided cash of 70,000 won and 16 years of age to F (V, 16 years of age) of 70,000 won and rash tobacco 2 A, which was parked in the G apartment underground parking lot in Yongsan-gu, Yongsan-gu, Busan Metropolitan City on July 15, 2019.

As a result, the defendant had engaged in buying sex from children and juveniles twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to specific circumstances of a suspect), investigation report (Attachment of a photograph of E), investigation report (Attachment of F E propy and a sign language photo), investigation report (Confirmation of a photograph of H propy of a witness F);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The Defendant is the primary offender against whom an employment restriction order is not imposed on the institutions, etc. related to children and juveniles and welfare facilities for disabled persons, and the crime of this case is committed through a smartphone hosting application, the order to attend a course for the Defendant, and the registration of personal information alone seems to have a certain degree of expectation to prevent recidivism, and other profits and preventive effects expected by the employment restriction order for the Defendant, and the same.

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