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(영문) 서울남부지방법원 2016.04.07 2015고합442
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. In 2013, the Defendant sent KRW 80,00 to F (V, 15 years of age) who was introduced through Internet hosting in the Eelhouse located in Mandong-gu, Cheongju-si, Cheongju-si, Cheongjun-si, which was a child or youth F (V, 15 years of age), and had a female and a single sexual intercourse.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

B. In February 2014, the Defendant sent 100,000 won to the above F in the Mobel room, as stated in the paragraph (a) of this Article, and conspired with his female once.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Recording, etc. of Camera) the Defendant taken a visual image of the victim F using the mobile phone camera functions of the Defendant at the time and place specified in paragraph (b).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The details of the telecom photograph and G;

1. Application of investigative reports (the date and time of sexual traffic and specification of purchase price);

1. Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of sexual traffic), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing a camera, etc.) and the selection of imprisonment with prison labor for each type of crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase, etc. of sex) committed on February 2014 with the largest penalty];

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

1. Article 49(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be decided.

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