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(영문) 인천지방법원 2018.05.18 2018고합90
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 30, 2017, the Defendant: (a) around 00:55, the Defendant provided C (the age of 16) with cash 150,000 won in return for sexual traffic with C and once a single sexual intercourse with C, which was known through the Defendant’s mobile phone hosting app “B”, at the mutual influence in Gyeyang-gu Incheon Metropolitan City.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the police statement made to C (one time, two times);

1. Application of the Acts and subordinate statutes to the investigation report (the restoration of a cell phone and the details of attachment of data by a witness), request for cooperation with an investigation, reply, and output of conversations B;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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. The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the crime of this case does not constitute a “sexual crime against children and juveniles” subject to an order to disclose and notify personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and “sexual crime against children and juveniles against children and juveniles under the age of 13” and “sexual crime against children and juveniles against whom the age of 13 is less than 13, no order to disclose and notify shall be issued to the defendant]

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] that there is no type 1 (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles) of the Act on the Purchase of Sex Offenses under the age of 19].

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence, the Defendant, who is an adult, is still aware of sex.

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