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(영문) 대전고등법원 (청주) 2016.05.26 2015노193
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) In relation to the charges of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex), the Defendant granted the victim approval for the purchase price of bags, cosmetics, etc. or granted the money in relation to the charges of Nos. 2 through 15 of the crime list 1 of the judgment below, but there was no fact that the Defendant paid the money in consideration of the sexual relation.

2) The Defendant, in relation to the facts charged as stated in the paragraph (1) No. 2. A of the judgment of the court below, was raped only with the victim who was frighten and returned home, and did not commit rape. 2. B. of the judgment below, the Defendant was sexual intercourse with the victim who was frighten in relation to the facts charged as stated in the paragraph (1).

3) The Defendant of confinement does not have any way to meals for the victim, and operated a vehicle to purchase goods toO, but did not place the victim under confinement.

B. The punishment of the lower court (five years of imprisonment, and orders to complete sexual assault treatment programs) is too unreasonable.

2. Determination:

A. 1 Determination as to the assertion of misunderstanding of facts 1) Determination as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex), the lower court consistently held from the investigative agency to the court of the lower court whether the Defendant “the victim does not need money.”

Monobling and drinking money will be provided.

“At the time of being living together,” the proposal

A consistent statement, the defendant also was well aware of the victim's poor condition, and it is difficult to easily understand that the victim, who is a juvenile under 17 years of age, established a sexual intercourse with the defendant who is the remaining male of 47 years of age, or living together with the defendant, and the defendant has a sexual intercourse with the victim during the period of living, and provided the victim with money and gifts as well as accommodation.

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