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(영문) 의정부지방법원 2014.09.25 2014고합145
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
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A defendant shall be punished by imprisonment for not more than ten 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. On November 1, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) gave 100,000 won to the juvenile C (here, 17 years of age) who was aware of from the “franchiseing” in the mutual influorial telephone clive telescopes located in Guri-si, Siri-si around 11:00 and was sexual intercourses over three occasions.

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

2. On April 26, 2014, from around 11:23 to 17:38, the Defendant sent a text message to the victim C (the age of 17) as “Is the victim’s right-to-face, Is the victim’s right-to-face, Is the victim’s right-to-face,” and “Is the victim’s right-to-face, Is the victim’s right-to-face,” and “Is the victim’s right-to-face, Is the victim’s right-to-face,” and “Is the victim’s right-to-face, Is the victim’s right-to-face,” and “Is the victim’s right-to-face, Is the victim’s right-to-face.”

As a result, the Defendant sent text messages to the victim and threatened the victim as if he did not take the victim's body pictures, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim C;

1. Application of text messages to Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing sex against children or juveniles, the choice of imprisonment with labor), and Article 283 (1) of the Criminal Act (the occupation of intimidation and the choice of imprisonment with labor) concerning criminal facts;

2. Of concurrent crimes, the number of concurrent crimes resulting from the crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term crimes of the above two crimes).

3. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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