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(영문) 서울서부지방법원 2020.03.26 2019고합369
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 12:30 on August 8, 2019, the Defendant committed an act of buying child or juvenile sex by doing a similar sexual intercourse, such as paying 40,00 won to the victim D (the 17-year age), who is a child or juvenile, who met through Twitter, from 5 studio Kafa in Mapo-gu Seoul, Mapo-gu, Seoul, and the 40,000 won of sexual traffic, and allowing the victim to do a scam and scam the Defendant’s sexual organ with his/her hand.

2. The Defendant stolen 40,000 won in cash located in a victim's wall wall by taking advantage of the gaps between the victim and the victim at the above date, time, and place.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Written statements of D;

1. Investigation report (in cases of attaching results of a response to the request for appraisal to the guns collected at the site) and the report on the request for appraisal;

1. Investigation report (the content of investigation direction, telephone conversations of a witness for investigation, etc.);

1. Application of Acts and subordinate statutes to investigation reports (suspect's response as a result of the suspect's oral appraisal);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing child or juvenile sex, the choice of imprisonment with labor), and Article 329 of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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 (as to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse);

1. Scope of punishment by law: Imprisonment with prison labor for six months to seven years;

2. The sentencing criteria shall be based on; and

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