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(영문) 서울중앙지방법원 2014.06.20 2014고단2355

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 22, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) stipulates that at around 19:00 on June 22, 2012, the Defendant shall grant 50,000 won to B (n, 18 years of age) who became aware of from the mutual influorial tele-phone hosting method in the vicinity of the new forest basin in Gwanak-gu, Seoul Special Metropolitan City, the Defendant shall deliver 50,000 won in cash to B

7. At around 19:00, at the store room in Mapo-gu Seoul Metropolitan Government, the juvenile in the same manner as the juvenile in the same manner, and in return, B issued gift certificates worth KRW 50,000 to B.

In this respect, the defendant had committed two times the act of buying sex of juveniles.

2. Around 19:00 on July 20, 2012, the Defendant taken a video image using a Handphone camera with a sexual intercourse with the victim B (Woo, 18 years old) who had a sexual intercourse with the victim B (Woo-dong in Mapo-gu Seoul Metropolitan Government) by hosting smartphone in a common room located in the upper and lower-dong of Mapo-gu, Seoul, while having a sexual relationship with the victim B.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A video file;

1. Application of Acts and subordinate statutes on evidentiary materials;

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply); Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18

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

1. Article 62 (1) of the Criminal Act;

1. Registration of personal information and obligation to file for registration under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;