아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
The judgment of the first instance shall be reversed.
The punishment of the accused shall be determined by three months of imprisonment.
The defendant shall be 40 hours.
1. The judgment of this court on March 10, 201 (the defendant did not provide accommodation places in return for U and sexual conduct around March 10, 201), misunderstanding of legal principles (each of the crimes of this case does not constitute a crime subject to an order to disclose and notify personal information under Articles 38 and 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse), and unfair sentencing.
A. (1) On March 10, 201, the summary of this part of the facts charged is that the Defendant had sexual intercourse with U (L, 14 years old) in return for providing a place of accommodation in the second floor in Gwanak-gu, Seoul Special Metropolitan City on March 10, 201.
(2) Article 2 subparag. 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides or promises to provide money, valuables, other property benefits, services, convenience, etc. to a child or juvenile for the purchase of sex, or allow a child or juvenile to do sexual intercourse, etc. to do so. Article 3 of the same Act provides that “When interpreting and applying this Act, the purchase of sex by a child or juvenile shall be given preferential consideration to the rights and interests of the child or juvenile.”
In light of the provisions of the relevant laws and regulations, whether the “act of buying sex of a juvenile” can be seen as “act of purchasing sex of a juvenile” should be objectively determined according to ordinary social norms by comprehensively taking into account the age, occupation, accommodation, state of economic difficulty, sexual intercourse, Defendant’s age, occupation, sex relationship, the amount of money and valuables provided, the amount of money and valuables provided, property interest or job convenience and convenience, circumstances in which the Defendant and the juvenile come up, contact method, place and time of contact, behavior after sexual intercourse, etc.
The following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court, namely, U.S.A., the Defendant is a juvenile on two occasions over March 10, 201 and around 13:00.