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(영문) 청주지방법원 2016.10.28 2016고합177
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
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

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On May 12, 2015, the Defendant: (a) committed an act of sexual intercourse with D, 18 years old, and 200,000 won in cash at the Defendant’s residence located in substantial Gu C, 209, Cheongju-si; and (b) provided the Defendant with a single sexual intercourse; and (c) provided the Defendant with a cash of 20,000 won.

B. On February 17, 2016, the Defendant: (a) committed a single sexual intercourse with a juvenile “Fel” in the “Felon E” located in the Chungcheongnam-gu Incheon-gun; and (b) paid KRW 200,000 in cash in return, thereby purchasing child and juvenile sex.

C. Around February 19, 2016, the Defendant: (a) had sexual intercourse with a juvenile at “Fel” located in Seongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) paid a cash of KRW 200,000 in return, thereby purchasing child or juvenile sex. D.

On February 22, 2016, the Defendant: (a) committed an act of sexual intercourse with a juvenile at “Fel” located in Chungcheongnam-gu, Chungcheongnam-do; (b) and (c) paid a cash of KRW 200,000 to purchase child and juvenile sex.

2. The defendant is in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and photographing).

At the time and place specified in the paragraph, the face of sexual intercourse with the victim D (the age of 18) who could cause a sense of shame by using a mobile phone (proof No. 1) with the recording function of the video was taken against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Stenographic records;

1. Photographss and video CDs (on the face of the head of a gender-related relationship), by cutting off a sexually related video;

1. Application of the existing Acts and subordinate statutes on one of the seized mobile phones (gallon No. 3)

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 occupation of taking pictures using camera, etc. and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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