[청소년의성보호에관한법률위반][공2002.2.15.(148),427]
[1] The relationship between Article 10 of the Act on the Protection of Juveniles against Sexual Abuse and Articles 297, 298, 299, and 302 of the Criminal Code
[2] The meaning of deceptive scheme in relation to the crime of sexual intercourse between minors through deceptive scheme under Article 302 of the Criminal Code
[3] The case holding that an act of making a false statement in return for sexual intercourse does not constitute a deceptive scheme under Article 10 (4) of the Act on the Protection of Juveniles against Sexual Abuse
[1] Article 10 of the Act on the Protection of Juveniles from Sexual Abuse provides that “A person who commits a crime under Article 297 of the Criminal Act against a female juvenile shall be punished by imprisonment for a limited term of not less than five years. (2) A person who commits a crime under Article 298 of the Criminal Act against a juvenile shall be punished by imprisonment for a limited term of not less than one year or by a fine of not less than five million and not more than 20 million won.”
[2] In the crime of sexual intercourse by a deceptive scheme under Article 302 of the Criminal Code, a deceptive scheme refers to the fulfillment of the objective of sexual intercourse by taking advantage of such a mental condition of the other party that the perpetrator misleads, misleads the other party for the purpose of sexual intercourse or causes a site for the purpose of sexual intercourse. Here, mistake, dismissal, and site refers to mistake, mistake, and site as to the act of sexual intercourse itself, and it does not refer to mistake, mistake, and site as to other conditions that are not recognized as indivisiblely related to the act of sexual intercourse.
[3] The case holding that the defendant's act does not constitute a deceptive scheme under Article 10 (4) of the Act on the Protection of Juveniles against Sexual Abuse on the ground that the defendant's act was omitted or did not know about the act of sexual intercourse as long as it is not acknowledged as indivisible relations between the provision of money and the act of sexual intercourse with respect to the juvenile who has sexual intercourse, even though the defendant made a false statement that he would offer money in return for sexual intercourse with the defendant and that the juvenile had sexual intercourse with the defendant
[1] Article 10 of the Act on the Protection of Juveniles against Sexual Abuse, Articles 297, 298, 299, and 302 of the Criminal Act / [2] Article 302 of the Criminal Act, Article 10(4) of the Act on the Protection of Juveniles against Sexual Abuse / [3] Article 302 of the Criminal Act, Article 10(4) of the Act on the Protection of Juveniles against
[1] Supreme Court Decision 2001Do1017 decided Jun. 15, 2001 (Gong2001Ha, 1667) / [2] Supreme Court Decision 83Do1864 decided Sep. 27, 1983 (Gong1983, 1634) Supreme Court Decision 94Do2990 decided May 9, 1995 (Gong195Sang, 2143), Supreme Court Decision 96Do2825 decided Feb. 28, 1997 (Gong197, 1032)
Defendant
Prosecutor
Seoul High Court Decision 2001No1601 delivered on September 4, 2001
The appeal is dismissed.
Article 10 of the Special Act on the Protection of Juveniles from Sexual Abuse (hereinafter referred to as the “Special Act”) provides that “A person who commits a crime under Article 297 of the Criminal Act against a female juvenile shall be punished by imprisonment for a limited term of not less than five years.” (2) A person who commits a crime under Article 298 of the Criminal Act against a juvenile shall be punished by imprisonment for a limited term of not less than one year or by a fine of not less than 5 million won but not more than 20 million won.” (3) A person who commits a crime under Article 299 of the Criminal Act against a juvenile shall be punished in accordance with the provisions of paragraphs (1) and (2).” (5) A person who commits a sexual intercourse with a female juvenile or commits an indecent act against a minor by deceptive means or by force shall be punished.” Part 2, Chapter 32 of the Criminal Act provides that a person who misleads the other party into or commits an indivisible act under Article 297 of the Criminal Act shall be punished by imprisonment for a limited term of not more than 97 years or by fraudulent act against a minor.
The court below acknowledged the fact that the victim had sexual intercourse with the defendant by allowing the defendant to find out his house at around 23:00 on the same day while he consented to the defendant to give 50,000 won when the victim had sexual intercourse with the female student in the first grade of the commercial high school who was 16 years old at the time of the instant case, and that the victim did sexual intercourse with the defendant by allowing the defendant to find his house at around 23:0 on the same day. Thus, the court below held that the court below erred in the misapprehension of legal principles as to "the defendant's sexual intercourse with the victim's sexual intercourse with the defendant as stated in the facts charged because the victim was sexual intercourse with the victim's intention to pay 50,000 won for sexual intercourse with the victim, and the victim did not know that the victim's sexual intercourse with the defendant's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's opinion.
Therefore, the appeal is dismissed. It is so decided as per Disposition.
Justices Lee Yong-woo (Presiding Justice)