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(영문) 인천지방법원 부천지원 2018.06.08 2018고합43
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 December 23, 2017, the Defendant sent KRW 80,000 to the Defendant’s E New Franchiseer, which was parked in the D Mart Rocom, located in Kimpo-si, Kimpo-si, Kimpo-si, through the Defendant’s EW, mobile phone hosting app F, and then sent KRW 13,00 in return.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Photographs of the contents of H dialogue;

1. Application of CCTV Acts and subordinate statutes;

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 for the crime;

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. Grounds for sentencing under the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be the basic area of the types of sexual traffic crimes under the age of 19 (the act of purchasing the sex of children and juveniles) (the scope of the recommended punishment], the basic area of the punishment, 10 months to 2 months [ the scope of the final sentencing], 10 months to 6 months [the scope of the recommended punishment], 1 year to 2 years and 6 months (the lowest limit of the applicable punishment under the law shall be set at the lowest limit).

3. The fact that the Defendant recognized the instant crime and reflected the sentence is favorable.

On the other hand, the defendant has a record of being punished for the same crime, and the crime of purchasing the sex of the juvenile as in this case has a great adverse effect on the sexual identity and values at the stage of establishing the sexual identity and values, and in light of social norms, the fact that it is necessary to strictly punish the juvenile for the purpose of money and other valuables, etc.

The above circumstances and the defendant's age, sex, environment, family relationship, and motive for the crime.

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