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(영문) 수원지방법원 2018.11.08 2018고합446
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 2, 2017, the Defendant promised to have only the conditions left through the “C” of smartphone hosting c at an irregular parking lot located in Suwon-si, Suwon-si, Suwon-si, the Defendant carried D(16 years of age) for each E-ray car, and had D and once sexual intercourse within the said car, and paid 120,000 won in return to purchase the sex of children and juveniles.

2. On February 14, 2018, the Defendant: (a) committed a single sexual intercourse with the above D, who is a child or juvenile, at the home of the Defendant, located in Suwon-si, Suwon-si, and 102, and (b) paid KRW 110,000 to purchase the sex of a child or juvenile.

3. On February 24, 2018, at the same place as Paragraph 2, around 18:55, the Defendant: (a) committed a single sexual intercourse with the said D, who is a child or juvenile; and (b) paid KRW 100,000 in return, thereby purchasing the sex of a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes on investigation reports (the statement of the suspect at the location of the third crime), photographs, and text dialogues;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) around December 2, 2017, the largest penalty for concurrent crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15352, Jan. 16, 2018), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse) (around 2002, the defendant is subject to criminal punishment of a suspended sentence of three years for a period of one year and two months.

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