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(영문) 전주지방법원 2020.01.22 2019고합211
강간등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

No person shall purchase sex of a child or juvenile, such as sexual intercourse, by offering or promising to offer any consideration, such as money and valuables or other property gains.

Nevertheless, around June 12, 2019, the Defendant issued 270,000 won to D and D (the age of 13) in consideration of gender relations in C elementary school playgrounds located in Seongdong-gu, Seoul Special Metropolitan City on June 12, 2019 and provided sexual intercourse once.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. 수사보고(피해자의 휴대전화 “카카오톡” 채팅 대화내용), 수사보고(피의자의 앙챗 어플 설치 확인) 법령의 적용

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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

1. The crime of this case under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities does not constitute “a sexual crime against children and juveniles” subject to an order to disclose and notify personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse and “a sex crime against children and juveniles against children and juveniles under the age of 13” and thus, is not subject to an order to disclose and notify the information to

[Obligation to register and submit personal information] Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex, etc.) on the judgment on a sex offense subject to registration is 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 defendant must submit personal information

The reason for sentencing 1.

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