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(영문) 인천지방법원 2018.02.22 2017고합816
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

On August 7, 2017, at around 22:47, the Defendant paid KRW 1.50,00 to juvenile E (n, 16 years of age) (n, 16 years of age) who became aware of through “D” with smartphone hosting c in Incheon Gyeyang-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. Second police statements made to E:

1. Each police investigation report (a document attached to the F dialogue between the male and female purchasing, a search and seizure verification warrant reply - F reply result, restoration of the contents of the D dialogue and the reasons why data are attached) and the application of the Acts and subordinate statutes related to the attached data;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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 applicable sentences under law: Imprisonment for six months to five years; and

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] shall be limited to the types of sexual traffic crimes under the age of 19 (the act of purchasing the sex of children and juveniles) (the area of recommendation and the scope of the recommended punishment] that there is no person subject to special sentencing [the scope of the recommended punishment]. From October to June of two years and six months.

3. Determination of sentence: The crime of this case for the two-year period of suspended execution in October, 10 years, infringes on the human rights of juveniles to be protected and adversely affects the proper sex culture of society, which is disadvantageous to the poor nature of the crime. It is favorable for the defendant to recognize and reflect his crime, and there is no record of criminal punishment against the defendant.

All such circumstances and other factors as the defendant's age, sex, family relationship, the background and method of the crime of this case, and the circumstances after the crime are revealed, shall be determined in the same manner as the order.

registration of personal information and.

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