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(영문) 인천지방법원 2018.06.01 2017고합505
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

1. At around 20:00 on December 16, 2016, the Defendant connected to the “ smartphone-making app”C, and talked with the child and juvenile D (W, 16 years of age) about 16, 201, and talked with the Defendant.

“The contents of “” are sent to the front of the building in the Nam-gu Incheon Metropolitan City after dialogue with the above D.

From the front side of the above building E, the Defendant sent the above D to the Defendant’s car engine, and moved to the nearby alley, and the Defendant performed the above D and sexual intercourse at the rear side of the above vehicle, and paid KRW 120,000 to the above D in return.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

2. On December 30, 2016, at around 14:00, the Defendant moved from the street in front of the building, Nam-gu, Incheon, Incheon, to the neighboring telecom, and 1:40,000 won was paid to the above D in return for the act of sexual intercourse with the above D within the Mocom.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

3. On January 2, 2017, the Defendant 1, along with three aforementioned D et al., played in the Jung-gu Incheon Jung-gu Incheon Jung-gu Office of New Walls on January 2, 2017, and paid KRW 100,000 to the said D in return.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Attachment: Application of statutes on the contents of letters sent and received by South and North Korean juveniles D to 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 legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed for the crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., of the largest criminal situation];

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be applicable to orders to provide community service and attend lectures;

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