Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

A. The Defendant was unaware of the fact that D was a minor, and the Defendant was in a sexual intercourse with D and did not have a sexual intercourse in return for the provision of accommodation.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Not on the basis of unreasonable sentencing

Even if the judgment of the court below is unfair, the punishment (5 million won) of the court below is too unreasonable.

2. Determination:

A. 1) Determination on the assertion of mistake of facts must be made in accordance with sound common sense and social norms by comprehensively taking into account the following circumstances, such as the contents and legislative purport of the Act on the Protection of Children and Juveniles against Sexual Abuse, age, occupation, board and lodging conditions, economic difficulty, sexual intercourse, the defendant's age, occupation, sex relationship, amount of money and goods provided or details of providing economic benefits or convenience, circumstances where the defendant and the juvenile have come to come to come to know of the fact that the defendant was a juvenile, contact method, place and time of sexual intercourse, behavior after sexual intercourse, etc. 2) First of all, the issue of whether the defendant was aware of the fact that the defendant was a juvenile, i.e., the defendant's statement that the defendant was consistently considered from an investigative agency to the court, i.e., the defendant was aware of the fact that the defendant was a juvenile, ii) the number of times and circumstances that the defendant had come to know, as well as the circumstances of D and D. < Amended by Act No. 3070, Mar. 2, 20198>

3 The following defendants.