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(영문) 청주지방법원 2019.06.14 2019고합72
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for three years.

One seized smartphone (iPhone8, No. 2), Samsung Pool S-G155S, certificate.

Reasons

Punishment of the crime

The Defendant provided C’s message to the victim B (n, 10 years of age) and smartphone-riding display and agreed to set up KRW 200,000 on the condition that the victim was a minor under 13 years of age, and that he was aware of the fact that he was a minor under 13 years of age and that he was aware of the fact that he was sexual intercourse.

1. Around October 29, 2018, the Defendant violated the Act on the Rape of Minors and the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) committed sexual intercourse with the victim by putting his/her sexual organ out of the clothes of the victim at his/her residence located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, and inserting his/her sexual organ into the negative part of the victim and 200,000 won.

Accordingly, the defendant had sexual intercourse with the victim under 13 years of age, and at the same time had the victim's sexual intercourse with him.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity);

A. On February 19, 2018, the Defendant: (a) received a total of 14 children and youth pornography, as shown in the attached Table of Crimes, including a file of “14863665513, a child or youth pornography, a child or youth pornography, which is a child or youth pornography exposed to his/her sexual organ in the Internet E-site, at the Defendant’s residence located in Young-gu, Young-gu; (b) around February 19, 2018, a total of 14 children and youth pornography, as indicated in the attached Table of Crimes.

B. On October 29, 2018, the Defendant: (a) had the victim know of the fact that the victim was a child, as seen in the foregoing paragraph (1), and had B do sexual intercourse with B via his/her mobile phone (oponon) while having the victim do his/her sexual intercourse; and (b) stored two sexually related video files with B from that time to Nov. 201, 2018, in his/her mobile phone, after having the victim do his/her sexual intercourse with B; and (c) had B do his/her sexual organ inserted with his/her sexual organ.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. The defendant's oral statement;

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