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(영문) 대구지방법원 2016.08.12 2016고합308
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a two-year suspended sentence for a crime of violation of the Act on the Protection of Children from Sexual Abuse in the Seo-gu District Court’s Branch on February 5, 2015, and was sentenced to a three-year suspended sentence, and the judgment became final and conclusive on the 13th day of that month, and is still under suspended sentence.

[2] Defendant 1 committed an act of purchasing child or juvenile sex on three occasions in total as follows.

1. On January 20, 2016, the Defendant sent 200,000 won in cash to E (here, 17 years of age) a child, juvenile, at D’s youth in Daegu-gu Dong-gu, Daegu-gu, and 2 times of sex.

2. On February 16, 2016, the Defendant sent 80,000 won in cash to the above E at the Moelel where the name of the F in Daegu Northern-gu could not be known, and her sexual intercourse once.

3. Around March 28, 2016, the Defendant provided cash of KRW 100,000 to the above E at the above DNA conference and provided a single sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. The investigation report (the sequence 35 in list of evidence);

1. E mobile phone text records, G details, photographs of resident registration certificates, and cell phone call records of the accused;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind of crime as the suspect);

1. Article 13 (1) of the Act on the Protection of Juveniles against Sexual Abuse (Selection of Imprisonment) of the relevant legal provisions and the choice of punishment for the crime;

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 (an aggravated punishment for concurrent crimes committed on January 20, 2016, the largest penalty for which is provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (al purchase, etc.));

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment of conviction is finalized against the Defendant who has registered personal information under Articles 49(1)1 and 50(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children subject to Disclosure Order and Notification Order, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the same Act is applicable to the Defendant.

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