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(영문) 수원지방법원 2021.01.28 2020고합752
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 9, 2020 from 03:0 to 10 March 10, 2020, the Defendant contacted all or part of the body of the Defendant, by taking advantage of the following: (a) the Defendant’s residential building C, the Defendant’s residential area, and the Defendant’s juvenile D (the son, the son, the 17-year old age), and there was no place to go to the Defendant; (b) using the circumstances, etc., where the Defendant did not have any well locked due to her age, and allowing the said D to sleep in the above residential area for economic convenience; and (c) providing the said D’s chest, the Defendant contacted all or part of the body.

As a result, the defendant was committing a child juvenile's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Act and subordinate statutes to the investigation report (suspect A’s specific circumstance and voluntary accompanying), investigation report (the victim and the suspect A(E) with the web conversation contents to the victim and the suspect A(E), etc.

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;

1. Article 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) proviso of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso of the Welfare of Persons with Disabilities Act (amended by Act No. 1738, Jun. 2, 2020); and Article 59-3(1) proviso of the Welfare of Persons with Disabilities Act (amended by Act No. 1738, Jun. 2, 2020) of the Act on the Protection of

In full view of the profits expected and the effects of the employment restriction order, and the degree of disadvantage to the defendant and the expected side effects, the employment should not be restricted to the defendant.

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