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(영문) 인천지방법원 2016.01.29 2015고합774
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

Punishment of the crime

On March 27, 2015, from around 20:00 to 22:00 of the same day, the Defendant paid 100,000 won to children and youth F (V, 17 years of age) who became aware of through “E” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, through a smartphone-rating room, and performed sexual intercourse over three occasions with F.

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 F;

1. Application of the statutes governing the site and Kakao Stockholm photographs;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to an order to attend a lecture or a request to register and submit personal information 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, the Defendant falls under 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 shall submit personal information to the competent agency

Reasons for sentencing

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

2. The basic area of the recommended punishment on the sentencing guidelines [the types of decisions] shall be the act of purchasing the sex of children and juveniles who are under the age of 19 years (the act of purchasing the sex of children and juveniles). The basic area of the recommended punishment (the scope of recommended punishment]: Imprisonment with labor for0 months from October to June.

3. The crime of this case committed against a child or juvenile who has not yet established his/her ability to sexual self-determination, although the defendant has a social responsibility to protect and induce the defendant to form a sound sexual morals as an adult, and instead, the act of buying sex against a child or juvenile who has not yet established his/her ability to sexual self-determination, and the crime is inferior, and the defendant was committed for the same kind of offense.

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