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(영문) 서울남부지방법원 2020.02.07 2019고합476
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 8, 2019, the Defendant promised to exchange conversations with children and juveniles C (the age of 15) through “B,” which is a mobile phone-based hardening application around 20:00, and to offer the purchase price for sex.

1. Around 01:00 on August 9, 2019, the Defendant stopped on the coast of the Ehigh School located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, for the Defendant’s Fentz car located in the coast, and paid KRW 1.70,00 to that woman after having taught C and once.

2. Around 03:00 on August 10, 2019, the Defendant sent 3.50,000 won to a female who had intercourse with C once with C at the foregoing place.

3. On August 14, 2019, around 22:00, the Defendant provided the following 170,000 won to a female, who had intercoursed with C once with C at the foregoing place.

As a result, the defendant had engaged in buying sex of children and juveniles three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. C Police Statements;

1. Application of Acts and subordinate statutes to internal investigation reports (related to suspect B and G dialogues accompanied by photographs), hosting photographs, investigation reports (the gatherings of juveniles subject to purchase) and criminal investigation reports;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor, which shall be applicable to the relevant criminal facts and punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) main sentence of the Welfare of Disabled Persons

1. At the time of committing the crime stated in paragraph (1) of the criminal facts stated in the judgment, the Defendant purchased sex without recognizing C as a child or juvenile.

2. In full view of the following facts and circumstances acceptable through evidence duly adopted and examined by this Court:

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