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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. 아동청소년의 성보호에 관한 법률 위반(성매수등) 피고인은 2014. 3. 초순경 광양시 C에 있는 D초등학교 앞에서, 스마트폰 채팅 ‘즐톡’에서 자신을 14세 중학생이라고 소개한 피해자 E(여, 12세)과 대화하던 중 피해자가 돈을 받고 성관계를 하겠다는 취지로 말하자, 피해자를 만나 같은 동에 있는 ‘F모텔’ 503호로 데리고 들어가 피해자에게 옷을 벗도록 한 후 간음하였다.
As a result, the Defendant committed the act of purchasing sex of a child or juvenile victim.
2. On March 23, 2014, around 10:00, the Defendant: (a) sent the victim again in the vicinity of the D Elementary School located in Mineyang-si C; (b) however, the victim said that “the facts are in the sixth grade of elementary school; (c) her age is in the sixth grade of elementary school; (d) her age is not yet known; (c) her age; and (d) her the victim was her “Fel” and her sexual intercourse with the victim after having the victim off her clothes.
Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.
Summary of Evidence
Defendant’s partial statement
Judgment as to the defendant's assertion of recording (2nd)
1. As to the indictment No. 1
A. The alleged Defendant did not offer money to the victim, and had sexual intercourse with the victim by mutual consent.
B. Comprehensively taking account of the following circumstances acknowledged by the evidence examined, the Defendant’s act of purchasing the victim’s sex can be sufficiently recognized.
Therefore, the defendant's assertion is not accepted.
① The victim made a concrete statement at an investigative agency as to the circumstances in which the Defendant was able to ask for money on the following day on the ground that the Defendant was to receive money, but the money was not prepared.”
(2) The defendant asserts that he/she only wishes to have a sexual intercourse with the defendant in the family court.