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(영문) 의정부지방법원 2018.04.12 2017고합415

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

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

On March 20, 2017, the Defendant, at a 2-story lux c, not lower than 150,000, provided that he/she had a child or juvenile sexual intercourse with F (F, 17 years of age) who was aware of 150,000 won and as E (F, 17 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Stenographic records;

1. Statement made by the police;

1. Each statement (one-time 3,4);

1. Application of Acts and subordinate statutes to voluntary accompanying reports, investigation reports (Submission of details of transactions of entry and departure);

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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. Determination as to the defendant's assertion of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the Defendant’s assertion is as follows: (a) at the time of committing the instant crime, whether the intent of the Defendant’s assertion is 19 years of age or 19 years of age; (b) it is unclear whether the Defendant is 19 years of age or older;

I argue to the effect that he was aware of it.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant was aware of the fact that the victim was under 19 years of age.

It is reasonable to view it.

① At the time of committing the instant crime, the victim was 17 years of age.

② The victim also stated to the effect that the victim was aware of the minor at the time of the prosecutor’s investigation (Evidence No. 155 pages, 156 pages) that the victim was the minor (Evidence No. 8 pages), and the Defendant also stated to the effect that the victim was the minor at the time of the prosecutor’s investigation (Evidence No. 155 pages, 156 pages).