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(영문) 의정부지방법원 2014.08.12 2013고단2996

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 2, 2010, the Defendant, at the Defendant’s house located in Gmanmanman-si B, had access to “Berdidididi”, which is an Internet hosting site, using a computer, carried out youth C (n, 16 years of age) and Internet hosting, and had the Defendant look at the direction that “Werdididi” and “Werdididi, ice, ice, and 100,000 won paid in advance for one hour,” and had the Defendant buy sex from his female.

At around 21:00 on December 14, 2010, the Defendant entered the above C as an insular room located near the government transition station of the Dong-dong Government-dong, Jung-si, the Defendant sexual intercourse with her female, and given 100,000 won in cash to the said C in return for doing so.

In addition, as indicated in the attached list of crimes, the Defendant provided 10,000 won to the above C and 15 times during the period from March 25, 2011, and provided her woman with 100,000 to 300,000 won per time in return for sexual intercourse.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to the investigation report (related to submission of a certified copy of the C resident registration);

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10582, Apr. 12, 201); the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where the conviction of the accused is finalized on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 3(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047) and Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No.