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(영문) 대전고등법원 2020.06.26 2020노24

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: Unjustifiable sentencing (the part on the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) is unreasonable on the ground that the lower court’s imprisonment (two years of imprisonment, etc.) is unreasonable.

B. A prosecutor: In light of the fact that the Defendant stated that he had a personal seal impression and a certified copy of the resident registration to “I”, and the Defendant was actually issued a certificate of the personal seal impression and a certified copy of the resident registration on March 15, 2019, etc., the lower court erred by misapprehending the facts and failing to exhaust all necessary deliberations, and failing to exhaust all necessary deliberations, thereby acquitted the Defendant on this part of the facts charged.

2. Judgment on the prosecutor's assertion of mistake of facts or incomplete hearing

(a) No person who has a summary of this part of the facts charged may intermediate another person's communications or provide it for another person's communications using telecommunications services provided by a telecommunications business operator;

Nevertheless, on April 19, 2019, the Defendant heard that “I want to get a loan, if you send this, it is necessary to inquire about the loan.” On April 19, 2019, the Defendant was sent the instant prepaid to the Defendant’s cell phone store in the name of the Defendant by visiting the Internet site notified by the said “I”, and was sent the said prepaid to the Seoul High-speed Bus Terminal as a certified copy of the resident registration, along with the Seoul High-speed Bus Terminal’s certificate.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

B. The lower court determined that the Defendant confirmed the identity by means of the J mobile phone opening.