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(영문) 인천지방법원 2017.11.24 2017고합640
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six 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

On August 11, 2017, at around 17:30, the Defendant: (a) provided the Defendant’s car parked in the D Underground Parking Lots located in Incheon Strengthening Group C with “E”, and (b) provided the Defendant’s act of purchasing child and juvenile sex on one occasion on the condition that the Defendant would pay 34,000 won to the Defendant’s youth F (n.e., 16 years of age) and 34,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

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. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment for not less than six months - five years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the number of persons who purchase the sex of children or juveniles under the age of 19 (the act of purchasing the sex of children or juveniles) [the person who is specially mitigated] self-denunciation [the scope of the recommended punishment] mitigated area, six months of imprisonment, one year and six months;

3. Determination of sentence: Imprisonment with prison labor for six months, suspended execution for one year, and the age, sex, environment, family relationship, motive, means and result of the crime, and other factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be comprehensively considered and determined as ordered.

D. Unfavorable circumstances: The crime of this case is not completely established with the awareness of sex and purchased the sex of a juvenile who lacks the ability to determine, and such crime is not good in that it affects the sound sexual values of juveniles as well as the establishment of sound sexual culture in our society.

The defendant is the first offender and immediately after the crime of this case.

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