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(영문) 대전지방법원 2015.02.11 2014노2027

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 5,000,000 won.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant C (MM) did not allow a juvenile M to engage in a similar sexual intercourse, the lower judgment convicting Defendant C of the facts charged in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (MM) against Defendant C is erroneous in the misapprehension of facts.

B. According to the prosecutor's statements, etc. at the police of M (misunderstanding of facts against Defendant B) the court below acquitted Defendant B on the facts charged in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.), although it can be recognized that Defendant B paid cash to Defendant B, a juvenile, and sexual intercourse, there is an error of mistake of facts.

2. Determination:

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the defendant C's assertion of mistake of facts, the victim stated in the court below and the court of the first instance that "I am satisfely, I am satisfly, I am satfly, I am sat, I am satfly, I am satd, I am satfly, I am satly. I do not receive money. I do not receive money. I am satfly, I am satfly, I am sat, I am at the police station and 80,00 won, and I am at the time of the trial of the Daejeon-gu Seoul Special Metropolitan City, and I am at the time of the public trial. I am satfly stated that "I am at the time of the public trial, I am sat."