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(영문) 인천지방법원 2016.12.09 2016고합722
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 July 19, 2016, at around 20:20, the Defendant paid 150,000 won to F (n, 15 years of age) under the name of the chemical site, which he/she came to know through the “E” of smartphone hosting display (E) in the Dhydi vehicle owned by the Defendant, which was parked in the third floor parking lot of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, and purchased the sex of children and juveniles by sexual intercourse with F and once.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Recording notes;

1. Application of CCTV photographs and CCTV CD-related Acts and subordinate statutes;

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;

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

1. Where a conviction becomes final and conclusive for a sex offense subject to registration of personal information under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused falls under a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency under Article 43

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The basic area of recommendation on the sentencing guidelines (the determination of types of punishment) shall be the scope of recommendation [the scope of punishment on the sentencing guidelines] and the basic area of the type 1 (the act of purchasing the sex of children or juveniles) (the act of purchasing the sex of children or juveniles) (the act of purchasing the sex of children or juveniles]: 10 months to 2 years and 6 months.

3. As for the crime of this case, the crime of having sexual intercourse with the determination of sentence of punishment of this case is not yet formed with the awareness of sexual intercourse, and thus, the possibility of criticism is high in that the juvenile who should be protected was considered as the tool of sexual humiliation, and the responsibility for the crime is also not easy.

The defendant was sentenced to a fine of 5,00,000 won for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse in around 2010.

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