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(영문) 인천지방법원 부천지원 2014.02.07 2013고합263
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six 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

At around 02:00 on August 24, 2013, the Defendant purchased the sex of the juvenile by engaging in similarity behavior such as giving 100,000 won to the female sexual traffic C (n, 17 years of age) who is a juvenile of sexual traffic (n, 17 years of age) who became aware of sexual intercourse with his/her sexual organ rapidly for one hour after he/she promised to have sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the contents of text notes and two pages attached to the records of related cases);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] The defendant's liability is not less than the defendant's crime in light of the following: (a) the period of six months to five years [the sentence] imprisonment; (b) the age of the juvenile who is the other party to the sex purchase of this case for two years suspended execution is 17 years old; and (c) the legislative intent of Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which intends to specially protect the sex of a child who is not yet able to exercise his/her right to sexual self-determination

However, considering the various circumstances, such as the character, conduct, environment, means of crime, motive and result of the crime of this case, which have no previous difference to the defendant, and reflects the depth of the crime of this case, the sentence identical to the order shall be determined in consideration of various circumstances, which are the conditions for sentencing as shown in the argument of this case

Where a conviction becomes final and conclusive on the criminal facts of this case of a defendant who has registered personal information, the defendant shall be in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.

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