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(영문) 창원지방법원 진주지원 2017.04.25 2017고합9
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for five years.

Seized evidence 1 to 7 shall be confiscated.

Sexual assault against the defendant for 80 hours.

Reasons

Punishment of the crime

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

A. The Defendant, at around 15:00 on September 10, 2016, entered the age of F (F (J birth in the indictment of the age of 14) as 16, a child or juvenile, he/she became aware of through “E”, which is a smartphone hosting fluor, in the DNA c room located in the Hanam-gun, Haan-gun, Gyeongnam-gun, the Defendant, at around 15:0, indicated the age of F (J birth) as 16. However, this appears to be a clerical error in the indictment of the age of 14)

In addition, 1.50,00 won was provided in cash in return for the act of sexual intercourse.

B. On September 11, 2016, around 15:30 on September 11, 2016, the Defendant engaged in one-time sexual intercourse with the Helel located in Changwon-si G, Changwon-si, Masan-si, G, and provided KRW 50,000 in cash in return.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

A. The Defendant, at the same time and place as set forth in paragraph 1(a) of this Article, taken 44 photographs of the Defendant’s sexual intercourse with the Defendant’s cell phone at the same time and place as that of the Defendant’s 1-A, and produced child and juvenile pornography by storing them as 44 photographs files and 7 video files on the Defendant’s outer left west, and by producing child and juvenile pornography.

B. The Defendant, at the same time and place as Paragraph 1-b, taken the above F and the face of the Defendant’s sexual intercourse with the Defendant’s cell phone, and stored them in the Defendant’s outer hump as 32 photograph files and nine video files, and produced child and juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. A report on internal investigation (Attachment of the content of conversation with victim I), report on internal investigation (Analysis of data on storage of outer humd) and photographs of external humd data;

1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 7 of seized evidence;

1. Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the production of obscene materials for children and juveniles and the selection of organic imprisonment), respectively, as well as Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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