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(영문) 부산고등법원 2018.05.30 2018노90

미성년자유인등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. For the following reasons, the court below found Defendant and Defendant and Defendant 1 as guilty of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.), and child welfare law (sexual harassment, etc. against children), among the facts charged in the instant case, for the following reasons: (a) misunderstanding of facts and misapprehension of legal principles; and (b) misunderstanding of facts and misapprehension of legal principles.

A) The Defendant and the person requesting an attachment order (hereinafter “Defendant”) have the victim E depart from the protective condition of his/her guardian to leave the victim E, and there was no suspicion of deceiving or deceiving the victim under the Defendant’s real control.

B) The Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (such as gender purchase) and provided accommodation to the above victim upon the victim E’s request, and the Defendant did not have sexual contact, such as sexual intercourse with the above victim.

C) This part of the facts charged is merely an incidental act of the Defendant’s sexual intercourse under the agreement with the victim E and thereby does not constitute a separate crime.

2) The sentence of the lower court (one year and six months of imprisonment, 40 hours of order to complete the course) that is unfair is too unreasonable.

B. Prosecutor 1) The lower court’s improper sentencing on the Defendant’s case is too uneasible and unfair.

2) The lower court’s dismissal of the Defendant’s request for an attachment order is unjust, despite the recognition of the risk of recidivism by minors.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant also asserted similar to the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the following grounds.

2) The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase, etc. of sex) is committed against the judgment of the political party.