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(영문) 인천지방법원 2019.09.06 2019고합317
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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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

No person shall purchase sex of a child or youth.

Nevertheless, around 12:08 on March 21, 2018, the Defendant provided KRW 150,000 in cash to D (the age of 15) who is a juvenile who became aware of through the "C", a mobile phone hosting c, and provided them with sexual intercourse for such female.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police statement concerning D;

1. Written statements of D;

1. Reporting on detection (Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse);

1. Application of the Acts and subordinate statutes governing CCTV photographs;

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;

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

1. Where a conviction is finalized as to the facts constituting a crime, which is subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 15452, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Persons with Disabilities; and the defendant is a person subject to registration of personal information

Judgment on the Defendant and defense counsel's argument

1. Although the gist of the claim lies between the victim and the telecom, the sexual intercourse did not exist, and the victim was unaware of the fact that he was a minor.

2. In full view of the following facts and circumstances found by the evidence duly adopted and investigated by this Court.

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