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(영문) 대전지방법원 홍성지원 2014.07.10 2014고합43

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

피고인은 2012. 12. 12. 16:40경 보령시 C아파트 지하주차장에서 스마트폰 채팅 어플 ‘즐톡’을 통해 알게 된 아동청소년인 D(여, 당시 13세)와 성교하고 1만 원을 지급함으로써 아동청소년의 성을 사는 행위를 한 것을 비롯하여 그 무렵부터 2014. 4. 13. 18:30경에 이르기까지 별지 범죄일람표 기재와 같이 7회에 걸쳐 D과 성교하고 그 대가로 1만 원을 지급함으로써 아동청소년의 성을 사는 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made against D (one to four times);

1. The details of each video CD and text messages;

1. Application of Acts and subordinate statutes on family relation certificate;

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); Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); and Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (attached Form 2 through (7)) of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter referred to as the “Juvenile

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment provided for in paragraph (7) of the attached Table of Crimes with the largest punishment and penalty)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 38(1)3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) provides that “a person who has committed a sex offense against a child or youth under the age of 13 and is deemed likely to recommit a sex offense against a child or youth under the age of 13.”