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(영문) 인천지방법원 2019.01.18 2018고합694
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and B (the age of 16) are between the defendant and the defendant and the defendant through the "C", a smartphone-making app.

On May 7, 2018, the Defendant paid KRW 2.50,000 in cash to B, even though he was aware of the fact that the above B was a child or juvenile in Yeonsu-gu Incheon Metropolitan City hotel E located in the 'Ma', which was located in Yeonsu-gu, Incheon.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Handphones of a Handphone;

1. Application of Acts and subordinate statutes on internal investigation;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fines concerning the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. The instant crime is committed in full view of the following: (a) Articles 3 and 1 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 2018); and (b) Articles 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age is merely 16); and (c) the Defendant’s age, occupation and environment, social relationship; (d) details and result of the instant crime; (e) the circumstances before and after the crime was committed; (e) the degree of disadvantage the Defendant was put on account of the circumstances before and after the crime; (e) anticipated side effects; and (e) the effect of preventing sexual crimes that may be achieved therefrom; and (e) the effect of protecting children and juveniles from sexual crimes; and (e) Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (e) the Defendant’s employment restriction period against the Defendant is determined as ordering the disclosure and notification of personal information.

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