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(영문) 대전지방법원 홍성지원 2014.07.10 2014고합27
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

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 April 1, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., sexual purchase, etc.) came to know of the Victim D (i.e., child or juvenile) by accessing the Defendant’s house located in Boan-si C, to the c, c, to the c, to the c, “c,” and to the c, to the c, “

At around 14:50 on the same day, the Defendant made a proposal that “E” was an clinic of “E”, which re-exploiting with the victim, while holding the same with the victim, and accepted it, the victim provided that 100,000 won should be 10,000 won at the victim’s house located in Bocheon-si F and that 15:30 on the same day she would be able to pay 100,000 won at the victim’s house, and that she had a child or juvenile sexual intercourse once by inserting her sexual organ into the victim’s sound book.

2. On April 1, 2014, the Defendant, at the victim’s house located in Bohyeong-si F on April 1, 2014, went away without paying KRW 100,000,000, as if the victim did not intend to pay the compensation even if he did not intend to have sexual intercourse with the victim, and even if he did not intend to pay the compensation, and thereby, obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Details of investigation report (digital evidence analysis result), conversation between a suspect and a victim on text messages;

1. Requests for sexual assault appraisal, reply to suspect's request for appraisal, and reply to suspect's request for appraisal;

1. Application of Acts and subordinate statutes to field photographs;

1. Relevant Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 347 (1) of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, Etc., which is heavier than the punishment);

1. 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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