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(영문) 부산지방법원 2019.05.24 2019고합110
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for not less than two years 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. On August 24, 2018, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) dialogueed with the victim C (nives, 14 years of age, and household name) through mobile phone-rating display “B” at a closed spot on August 24, 2018, the Defendant recommended the victim to sell sex to the victim, who is a child or juvenile, with the knowledge that the said victim is 14 years of age, by giving 50,000 won to the victim who knows that he/she is 14 years of age.”

2. On August 24, 2018, around 21:53, the Defendant: (a) moved the victim, as described in the foregoing paragraph (1), to a nearby parking lot with the Defendant’s Ei30 vehicles aboard, and parked in the same manner as indicated in the foregoing paragraph (1).

Since then, the Defendant first moved to the back seat of the above vehicle, and she called “the victim and her back seat” and called “the victim,” she she saw, her bath, fright, and exceeded his/her upper seat, and she saw the victim’s head toward the sex of the defendant by putting the victim’s head into the lower seat of the vehicle, and called “as soon.”

Then, the victim was off, her her bet and her bet, her bet, her bet, etc., laid off, her bet and her bet the victim’s chest, her bet the victim’s chest, and her bet, and her bet the victim’s “as soon as” and her bet the victim’s sexual organ were inserted into the victim’s victim’s sexual organ forced.

Accordingly, the defendant, through intimidation, has sexual intercourse with the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of statement of damage;

1. Seizure records, expert records, and reports on requests for expert evidence;

1. A photograph of a CCTV closure;

1. Application of Acts and subordinate statutes to each investigation report (as to the owner of a suspected and suspected vehicle, and the reversal of statements by the victim);

1. Relevant Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of rape and the choice of limited imprisonment for a definite term) concerning criminal facts, and children and juveniles who have the choice of punishment;

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