logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.11.18 2016고합274
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) decided to have sexual intercourse with the victim on the condition that the victim D (nives, age 18) who is a juvenile came to know of the fact through a mobile phone-rating pole “C” on March 2, 2016. On April 2, 2016, around 13:00, the Defendant provided the victim with three-time sexual intercourses with the victim and provided the victim with three-time sexual intercourses equivalent to KRW 4,500.

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

2. From around 13:00 on April 2, 2016 to around 16:30, the Defendant taken the victim’s mallona using a camera installed within Samsung Gallona7 mobile phones owned by the Defendant to escape from the victim’s reputation.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Police suspect interrogation protocol of the accused;

1. Statement-recording CDs or statement-recording CDs (second time);

1. G photograph, telegraph photograph, text message, victim's photograph, digital evidence analysis result report, G contents related to sexual traffic in evidence CDs, digital evidence analysis CDs, and G dialogue records;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., with heavier punishment);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

arrow