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(영문) 인천지방법원 2017.06.30 2017고합221
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

1. On February 5, 2017, at around 10:00, the Defendant reported and contacted a written proposal on the “C” bulletin board, which was posted on the “C” bulletin board, and provided D (17 years of age) with knowledge that the female is a child or juvenile, and even though he/she is aware that he/she is a child or juvenile, he/she performed a similar act in a manner of putting D’s sound in the Defendant’s FF code car, which was parked on the “C” bulletin board, in order to pay KRW 20,00 in consideration thereof.

As a result, the defendant, who is a child or juvenile, had the sex of D.

2. On February 14, 2017, around 14:59, the Defendant told the Defendant to the effect that, with knowledge of the fact that the D referred to in paragraph (1) was a child or juvenile, at the national bank public telephone boxes located in 471, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, the Defendant called the Defendant to the effect that “the sex relationship with the Defendant to reduce the amount of money was defective, she was present before the National Bank of Taecheon-si.”

Accordingly, the defendant recommended to sell the sex of D, a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes on the resident registration card of reference witness D public telephone reception photographs, suspect A’s text message pictures, and certified copies of the D resident registration card;

1. Relevant Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of gender purchase), Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of solicitation for sexual traffic), and the choice of imprisonment with prison labor for each type of crime;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) for the crime of violation of the Act on the Protection of Gender Equality and Juveniles (referring to the purchase of sex, etc.) due to the purchase of more severe gender);

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. The Act on the Protection of Children and Juveniles against Sexual Abuse;

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