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Reasons
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(영문) 인천지방법원 2014.10.17 2014고합397
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 2014, the Defendant: (a) discovered the title “16 women, Alba-gu, I,” which “I,” which was posted by the victim E (hereinafter referred to as “I, 15 years of age, I, amba-gu,”) by accessing the Internet NAVER at the Defendant’s home located in Kimpo-si, Kimpo-si, Kimpo-si, and contacted the victim; and (b) promised to give 130,000 won and sexual intercourse.

On April 6, 2014, at around 12:00, the Defendant: (a) driven the victim into the △△ apartment in front of the Nam-gu Incheon Metropolitan City, Dong-gu, Incheon Metropolitan City, and parked at the parking lot for the △△ apartment; (b) parked therein; (c) had a sexual relationship with the victim once, and paid 10,000 won to the victim in return.

Accordingly, the defendant purchased the sex of a juvenile victim.

2. The Defendant in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amera, etc.) taken pictures of the victim’s sexual intercourse against the victim at the same date and time as paragraph (1) at a place, before having sexual intercourse with the victim, and before having the victim known of the victim, by laying the Defendant’s cell phone above the back seat of the Defendant’s vehicle and operating the video photographing function, against the victim’s will, and against the victim

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

3. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( possession of obscene materials), taken a video image at the same time and place as that set forth in paragraph (2), and stored the video file in his/her cell phone.

Accordingly, the Defendant possessed child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (as regards photographs and videos of seized articles);

1. Each protocol of seizure;

1. The application of CD-related Acts and subordinate statutes (suspects, victims’ sexually related videos) 1.

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