아동ㆍ청소년의성보호에관한법률위반(성매수등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant was aware that E was a juvenile under the age of 19 in engaging in sexual traffic, such as the entries in the judgment below, on two occasions with E.
Although the court below's decision should be corrected because it had affected the judgment by misunderstanding the facts.
B. The sentence of the lower court that is unfair in sentencing (an amount of three million won) is too minor.
2. Judgment on the assertion of mistake of facts
A. The intention of the relevant legal doctrine includes not only the conclusive intention but also the so-called dolusence of the occurrence of the result.
In a case where the accused denies the criminal intent, the method of proving indirect facts having considerable relevance with the intention of the accused in light of the nature of the object is bound to be proved by the method of proving the indirect facts having considerable relevance with the intention of the accused, and what constitutes indirect facts ought to be determined by the method of reasonably determining the link of facts based on the close observation or analysis according to the normal empirical rule (see Supreme Court Decision 2014Do7631, Apr. 9, 2015). In light of the legislative purpose of the Korea Juvenile Protection Act, in light of the legislative purpose of the Korea Juvenile Protection Act, the subject’s age should be verified based on the resident registration certificate or other evidence having considerable probative value of age, where the proprietor of the entertainment place employs employees of the relevant entertainment place.
If there is a doubt that the photographs and objects of the resident registration certificates presented by the subject are different, in light of the employment situation of the entertainment industry where juveniles are able to see their own status and age, and there are many cases of reducing employment of entertainment establishments, etc., the photograph and objects of the resident registration certificates are compared with those of the resident registration certificates.