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(영문) 서울북부지방법원 2013.07.26 2013고단1290

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, who is a university student, became aware of the juvenile C (at least 13 years of age) through video hosting on the Internet, has received a ceremony with the victim from time to time.

1. On October 19, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) heard the fact that at the Defendant’s house located in Dobong-gu Seoul Metropolitan Government D, the Defendant sent home through Internet hosting that it is difficult for C to resolve board and lodging, and had C talk with her sexual intercourse in return for drinking at the Internet, and had C listed in Seoul at the Yan City of Yanan City as a scheme for cutting away and reing her sleep, and provided her walms over four times from that time to the new wall up to that day, from that time, from that time, the Defendant provided mecry and locked places as a result.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken three video files with C and three video files with a length of about 1 minute using 3 smartphones with a camera function against C’s will, at the time and place described in paragraph (1).

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. C Application of Acts and subordinate statutes of each police statement protocol Nos. 2 and 3 to C;

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); the selection of each fine, etc.

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Order for the protection of children or juveniles against sexual traffic;