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(영문) 수원지방법원 여주지원 2016.06.02 2016고합19

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to three years of imprisonment for rape, etc. by the Chuncheon District Court, and on November 12, 2015, the said judgment became final and conclusive.

On February 10, 2014, the Defendant became aware of D(n, 13 years of age) a juvenile through Internet hosting “C” around February 10, 201, and met D in front of the “F” on the roads of the “F” located in Chungcheongnam-si, Chungcheongnam-si, Ma on the same day.

The defendant laid off the GM5 car that the defendant drives, and entered the apartment underground parking lot in the vicinity.

Then, the Defendant gave D cash of KRW 100,00,00 to her female, and caused her female to see it by putting the Defendant’s sexual organ on the part of the sound part of D, and her sexual organ was unhulled, and considered her sexual organ on the part of D through her own act.

As a result, the defendant was committing a child juvenile's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for assistance in confirming whether a case related to the NA consent recipient (2014-H-2250), is dealt with;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (final judgment on suspect case) statute;

1. Relevant legal provisions and Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which are applicable to the crime.

1. Handling concurrent crimes and subsequent legal mitigation under Article 37 of the Criminal Act: Provided, That Article 39 (1) and Article 55 (1) 3 shall apply;

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

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant was punished for purchasing a child’s sexual intercourse in 2008) of the Act on the Protection of Juveniles against Sexual Abuse; however, the crime of this case is not a sexual crime against many unspecified persons; the Defendant was ordered to notify the disclosure of five years in the judgment on the first head of the judgment; in this case, personal information is registered and the participation in the treatment of sexual assault can prevent recidivism to a certain extent.

8.3.