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(영문) 수원지방법원 2014.03.27 2013고합817
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. On August 11, 2013, the Defendant promised to promise commercial sex acts and to pay KRW 50,00 to F (M, 17 years of age) juveniles who suffered from delivery of a mobile phone d 11 pump message, which was known through the mobile phone d 11 pump c in Suwon-gu, Suwon-si, Suwon-si, to pay KRW 50,000 to the Defendant.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) took photographs of the victim’s sexual organ from a mobile phone with the victim’s mobile phone at the same time and at the same place with the victim’s consent at the time of the victim’s sexual intercourse, and then sent one copy of the victim’s sexual picture to G mobile phone which he/she came to know through a dump printing window against the victim’s will on August 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 3 through 7 of the evidence list);

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 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of camera, etc. and the selection of imprisonment with labor) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the above two crimes) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are more severe punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment for one year to 13 years; and

2. Determination of sentence: One year of imprisonment, and two years of suspended execution, the defendant purchases the sex of the juvenile;

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