아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall have 40-hour sexual traffic.
The lower court acquitted the Defendant of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and special assault among the facts charged in the instant case.
On the other hand, only the defendant appealed on the guilty part of the judgment of the court below on the ground of mistake and misapprehension of legal principles.
Therefore, the non-guilty part of the judgment of the court below was separated and finalized as it is by the prosecutor.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
Summary of Grounds for Appeal
(In fact, misunderstanding of the legal principle) The Defendant did not recognize the fact that the victim B was a child or juvenile under the age of 19 at the time of engaging in sexual traffic with the victim B.
At the time of sexual traffic, the victim B said that he was not a juvenile, and was a mature appearance that was difficult to be seen as a juvenile.
Although the lower court determined that the appearance of the victim B appears to be a juvenile, it cannot be deemed that the appearance of the victim B who performed cremation at the time of sexual traffic is the same as that of the victim B.
The victim B was detained by the defendant, and it should be deemed that there is no credibility in the statement related to sexual traffic.
The statements of G and I, which are witnesses of the lower court, are also not reliable.
The investigative agency violated the defendant's right of defense by submitting the victim B's monetary records at the latest.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged on the premise that the defendant was aware that he was a child or juvenile under the age of 19.
The defendant alleged in the facts charged in the judgment below related to Paragraph (2) of the same Article does not have sexual traffic in the Gecheon-gun, Gyeonggi-do, the Gyeonggi-do, and there is no record of engaging in sexual traffic with the victim D as shown in this part
The statement of the victim D, which the defendant and the victim, engaged in sexual traffic, is false and influenced by G, and credibility is credibility.