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(영문) 의정부지방법원 2016.11.03 2016고합409

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

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A defendant shall be punished by imprisonment for one year.

The images indicated in paragraph (2) of the judgment among one pop (No. 1) of the seized Samsung Talthop.

Reasons

Punishment of the crime

1. It is obvious that there is an error in the name of the crime in the indictment of this case among the indictments in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.).

around December 2015, the Defendant is between D (n, 16 years of age) a child or youth and his/her knowledge through “C”, which is a smartphone hosting guide around December 2015.

On January 31, 2016, the Defendant decided to engage in sexual traffic under the condition that D shall pay D 40,000 won from the male toilet of the first floor of Eunpyeong-gu Seoul Metropolitan Government E building from the first floor of the building, and D had sexual intercourses with D only once from the above toilets.

B. On February 14, 2016, around 08:00, the Defendant decided to engage in sexual traffic on the condition that D would pay 40,000 won to D from the first floor female toilets of Eunpyeong-gu Seoul building E, and D had sexual intercourse with D only once from the above toilets.

As a result, the defendant had engaged in buying sex of children and juveniles twice.

2. Around 08:00 on February 14, 2016, the Defendant taken pictures and videos of the sexual intercourse with the victim using the Defendant’s mobile phone camera function in the victim D and sexual intercourse at the first floor female toilets of Eunpyeong-gu Seoul Metropolitan Government E-building, and taken pictures of the sexual intercourse with the victim, taking advantage of the Defendant’s mobile phone camera function.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Written statements of D;

1. A criminal investigation report (attaching photographs of evidentiary materials);

1. Records of hosting and data on hand-on;

1. Application of the Acts and subordinate statutes on digital evidence delivery and results inquiry;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of purchasing the sex of children and juveniles, choice of imprisonment with labor), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs of cameras and choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act and the largest punishment shall be applicable.