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(영문) 수원지방법원 2015.06.30 2015고합222
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2013, the Defendant came to know the victim D (at the time, 15 years of age, 53 years of total intelligence, 6 years of age, 10 years of age, 6 years of age, 10 years of age), which was a 3rd juvenile of intellectual disability who reported and contacted the news release advertisement of the intelligence site, and tried to engage in commercial sex acts in return for the victim and the money.

1. On December 2013, the Defendant: (a) taken the victim’s house located in Suwon-si E, Suwon-si, and loaded the victim’s house into the F Kan F Kaf-ray vehicle driven by the Defendant; (b) paid an amount of KRW 70,000 to the victim; and (c) taken the victim’s chests and shoulders into account, thereby purchasing the juvenile’s sex.

2. The Defendant paid 50,000 won in cash to the above victim and had sexual intercourse with the victim on a one-time basis on the road side, which was parked in the heading room, GS apartment 103-dong road in Suwon-si, Suwon-si, Suwon-si, and then purchased the victim’s sex.

3. The Defendant: (a) paid 40,000 won in cash to the above victim; and (b) had sexual intercourse with the victim on one occasion in the victim’s sexual intercourse, which was parked on the road adjacent to the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in case of statements recording;

1. Each police statement made to H, D, I, and J;

1. Investigation report (field verification, disability grade determination, etc., and suspect A-related field verification);

1. Statement of police seizure;

1. A written opinion of an expert on sexual assault against children with disabilities;

1. A certificate of disability, a certificate of disability, and a written determination on disability ratings;

1. Application of Acts and subordinate statutes concerning field photographs and guidance;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. From among concurrent crimes, Article 37 (former part), 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 Act on the Protection of Children and Juveniles against Sexual Abuse) shall be applicable;

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