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(영문) 대구지방법원 2015.01.16 2014고합581
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
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

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

가. 피고인은 2014. 1. 30. 16:00경 대구 동구 D에 있는 피고인의 집에서 스마트폰 채팅 어플리케이션인 ‘즐톡’을 통하여 청소년인 E(여, 16세)을 알게 된 후 위 E과 속칭 ‘조건만남’을 하기로 하고 위 E을 자신의 집으로 데리고 온 후 성매수 대가로 현금 100,000원을 지급하고 성교를 하였다.

B. On February 2, 2014, the Defendant paid 50,000 won in cash to the above E as a sexual purchase price at the residence of the above Defendant, from the first police officer.

C. On February 2014, the Defendant paid 27,000 won in cash in return for the purchase of sex to the above E in the Defendant’s residence at the end of the last day.

Accordingly, the defendant had engaged in buying sex of juveniles three times in total.

2. Around February 2014, the Defendant took a photograph of a head of a camera, installed with a mobile phone of the Defendant at the residence of the said Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as “Ameras”), to have sexual intercourse with E.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. Investigation report (a summary of the statement to the victim E and a summary of the recording shall be attached to the victim's camera);

1. Application of Acts and subordinate statutes to expert opinions on sexual assault incidents against persons with disabilities and the results of psychological evaluation;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex by juveniles and the choice of imprisonment with prison labor), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of cameras, etc. and the selection of imprisonment with prison labor);

1. From among concurrent crimes, violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the same shall apply to the crimes, such as the purchase of sex, etc.].

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