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(영문) 인천지방법원 2017.12.12 2017고단8115
사기미수
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

When the Defendant was unable to seek jobs, the Defendant was able to induce the purchase of sex in a false manner by using the Internet-raising display “B” to arrange sexual traffic, and to receive the price of sexual traffic from the recipient of the price of sexual traffic.

On August 17, 2017, around 14:26, the Defendant agreed to arrange commercial sex acts by “2:1 commercial sex acts at KRW 500,00,00” and promising to arrange commercial sex acts through dialogue with the control police officers who pretended to purchase the sex with “B.”

However, the defendant's words to arrange sexual traffic were false.

At around 16:00 on the same day, the Defendant attempted to obtain money from a police officer who pretended to purchase the sex that he believed as such, by obtaining delivery of 50,000 won of the purchase price of sex within 308,000 won in Nam-gu Incheon Metropolitan City, but the police officer who pretended to purchase the sex was not aware of the police officer's status and attempted to commit a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of B dialogic Acts and subordinate statutes

1. Relevant Article 352 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act and the choice of imprisonment for the crime;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has been punished by a fine not exceeding six times, including the punishment of a fine due to the brokerage of sexual traffic.

Along with the young age, he/she committed a fraudulent crime in his/her mind. There is a need for the Defendant to shoulder the awareness of complying with the law and order and prevent recidivism.

Since it is judged, a sentence of imprisonment is chosen.

The sentence shall be determined as ordered in consideration of the above circumstances and the fact that the defendant's mistake is recognized, and all of the sentencing conditions, such as the defendant's age, sex, family relationship, property status, etc., and the execution thereof shall be limited to only once.

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