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(영문) 인천지방법원 2018.07.27 2018고합82
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

No person shall engage in any conduct to purchase sex of juveniles.

From August 7, 2017, the Defendant paid 1.30,000 won in cash to juvenile D (in women, 16 years of age) at a family room where it is impossible to identify the number of cel houses located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, at around 05:22, the Defendant paid 1.30,000 won in return for 1.30,000 won.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to an investigation report (the restoration of the contents of smartphone conversations and the details of accompanying related data);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

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

1. Where a conviction of a defendant who has registered personal information pursuant to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

Reasons for sentencing

1. One year to ten years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Purchasing sex of children or juveniles from a sexual traffic crime subject to the age of 19 years or less;

(b)decision of the territory of recommendation and the basic area of the scope of the recommended sentence, 10 months to 2 months of imprisonment;

(c) One year to two years, and six months from the scope of the revised recommended punishment (compliance with the lower limit of the punishment by law);

3. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence are crimes of this case where the defendant has not yet formed a proper perception of sex and purchased the sex of children or juveniles who lack the ability to judge, and the quality of such crimes is not good.

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