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(영문) 수원지방법원 2014.05.08 2014고합147
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around August 16, 2013, the Defendant received from D (hereinafter “C”) a juvenile who became aware of through the Internet “C,” and received from D (hereinafter “12 years of age) “A, who is a high school student, and there is no well-known place in Chungcheongnam Seosan,” and subsequently, he was able to bring off D with the Defendant’s house located in Seosung-si E building 206, with the knowledge of the fact that D was released and did not have any error.

On August 16, 2013, the Defendant provided D convenience, such as a locked, a 25,000 won, at the residence of the above Defendant, for the sexual intercourse, and provided D and D with a single sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of statements made by victims and photographs of victims;

1. Certified copy of the resident registration and family relation certificate of the victim D;

1. Medical records for the victims of sexual assault, list of collected objects as a result of the examination of the victims of sexual assault, panty photographs of the victims D, official questions requesting analysis of genes (victim D), each appraisal request report, each appraisal report, medical certificate (victim D), and gene analysis request (suspect A);

1. Internet guidance and search around the suspect's residence, computer inquiry request, detailed list of entry and exit transactions, copies of resident registration certificates, suspect A's field photographs, and suspect A's personal photograph;

1. Victim D's C propy photographs, C dialogue outputs, and descriptions written by the victim to F and the statement in the currency;

1. Application of Acts and subordinate statutes to a report on investigation (a list of evidence Nos. 7, 14, 16, 25, 30, 34);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. The crime of this case in which the sentence of sentence was determined.

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