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(영문) 인천지방법원 부천지원 2014.02.07 2013고합255
청소년의성보호에관한법률위반(성매수)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2013, the Defendant: (a) around 22:55, and around 206, “D” 206, which was located in Seocheon-gu, Seocheon-gu, Seocheon-si C; (b) provided cash 2.50,000 won to juveniles who became aware of through “E” on the Internet hosting site; and (c) provided sexual intercourses once in return, thereby purchasing the sex of juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Application of the police statement law to H

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] is six months to five years [the sentence] imprisonment with prison labor for six months, the age of the juvenile who is the other party to the sex purchase of this case for one year of suspended execution is 15 years old, and the purpose of legislation under Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is to protect specially the sex of a child who is not yet able to exercise his/her right to sexual self-determination, is not that of the defendant.

However, the same sentence as the order shall be determined in consideration of the following circumstances: (a) the Defendant has no special criminal record in addition to the minor fine prior to 20 years; (b) the Defendant has committed the instant crime in depth; and (c) the Defendant’s character, conduct, environment, means of crime, motive and consequence; and (d) the conditions for sentencing specified in the pleadings of the instant case

Where a conviction of a defendant who has registered personal information of this case is finalized on the crime of this case, the defendant constitutes a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the personal information is provided to the competent agency pursuant to

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