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(영문) 울산지방법원 2014.10.10 2013노1037

청소년보호법위반

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

On July 21, 2012, around 04:30 on July 21, 2012, the Defendant: (a) confirmed that two female juveniles (E and F) had no status or other conduct; (b) provided 302; (c) thereafter, other juveniles including the Defendant’s male juveniles entered the above 302; and (d) the Defendant retired from other juveniles including the above female juveniles immediately after having become aware of such fact; (c) thereby, the Defendant was guilty of the facts charged in this case without intention to violate the Juvenile Protection Act due to sexual intercourse; (d) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (a fine of three million won) is too unreasonable.

The summary of the facts charged in the instant case regarding the assertion of mistake of facts is a person who operates a telecom with the trade name of “D” in the building located in Ulsan-gu Seoul Metropolitan City C.

No one shall be allowed to engage in any business activity disturbing public morals, such as getting juveniles to sleep in sexual intercourse, or provide a place for such business activity.

Nevertheless, on July 21, 2012, from around 04:30 to 13:15 on the same day, the Defendant received accommodation expenses of 30,000 won between the Defendant and got married with E (n, 17 years of age), F (n, 16 years of age), etc., female youth, and male youth G (ma, 17 years of age), H (ma, 17 years of age), and 17 years of age.

The lower court found the Defendant guilty of the above facts charged by comprehensively taking account of the following evidence.

The burden of proof of the facts charged in the criminal trial for the decision of the trial court is the prosecutor, and the conviction is true to the extent that there is no reasonable doubt by the judge.

참조조문