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(영문) 인천지방법원 2017.05.12 2017고합112
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On January 18, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (such as purchase of sex), the Defendant, at the Defendant’s house located in Jung-gu Incheon Metropolitan City D 201, paid KRW 1.50,00 to the juvenile F (M, 16 years of age) who became aware of through “E” in the Defendant’s house located in Jung-gu Incheon Metropolitan City D 201, and had a child or juvenile purchase by sexual intercourse.

2. The defrauded made a false statement to the effect that “the victim F will bring 150,000 won to the price for sexual traffic” through “E” at the date, time, place, and place specified in paragraph 1.

However, even if sexual traffic is conducted, the defendant did not have the intention or ability to pay sexual traffic to the victim.

As such, the Defendant, by deceiving the victim, had the victim engage in sexual intercourse as set forth in Paragraph 1, and did not pay 150,000 won for sexual traffic, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A transcript;

1. Application of the Acts and subordinate statutes concerning the contents of G domains;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of purchasing juvenile sex, the choice of imprisonment with prison labor), and Article 347 (1) of the Criminal Act (the fraud point and the choice of imprisonment with prison labor) concerning criminal facts;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase, etc. of sex) with heavier punishment);

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing criteria;

(a) Basic crime: The purchase of sex of a child or juvenile who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (a) (a type of sexual traffic).

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