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(영문) 인천지방법원 2016.12.09 2016고합694
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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 March 27, 2016, at around 04:27, the Defendant promised to purchase sex by means of mobile phone hosting 307, which is located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu E, 200,000 won and having children and juveniles sexual intercourse once with children and juveniles, and then had children and juveniles sexual intercourse with the above F and once to purchase sex.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol on G, H, I, J, K, L, M, N,O, and P;

1. Each police statement made to F and Q Q;

1. Recording images and text messages of the male suspect;

1. Application of investigation reports (to telephone communications of suspects, and to attach CD CCTV data to D hotel CCTVs);

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;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction becomes final and conclusive for a sex offense subject to registration of personal information under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused falls under a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency under Article 43

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The basic area of recommendation on the sentencing guidelines (the determination of types of punishment) shall be the scope of recommendation [the scope of punishment on the sentencing guidelines] and the basic area of the type 1 (the act of purchasing the sex of children or juveniles) (the act of purchasing the sex of children or juveniles) (the act of purchasing the sex of children or juveniles]: 10 months to 2 years and 6 months.

3. The crime of having sexual intercourse with the crime of this case, such as the crime of this case, was committed in that the perception of sexual intercourse has not yet been formed with respect to the sex, and thus, the juvenile subject to protection has taken the form of sexual humiliation.

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