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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (definite or misunderstanding of legal principles) was known to the victim through Internet game broadcasting, and the victim was introduced as 16 years of age.
Accordingly, the defendant was aware that he was 16 years of age and did not know that he was an elementary school student under the age of 13.
Judgment
Basic Facts
According to the evidence duly admitted by the court below and the trial court, the following facts are recognized:
With October 208, 2008, the victim was enrolled in 5 years of 00 elementary schools in Daegu, since October 2019 to November 1, 2019, at the time of the crime of this case.
The victim was running the Internet game broadcasting around 2019, and it was also introduced that he was 16 years of age in the game broadcast.
Defendant
Around that time, Internet game broadcasting was also conducted, and it was known as a high school student.
The defendant and the victim became aware of each other through Internet game broadcasting.
On November 7, 2019, the victim made the statement of the victim at the G Center, and the reasons why the statement was made are as follows.
① From October to November 2019, the victim was receiving care classes at an elementary school care class after completing elementary school curriculum.
② On November 5, 2019, the victim was absent from the care classroom while leaving the future school without leaving the school in the care classroom after completing the class, and passed from 15:30 to 16:40 as stated in the judgment of the court below (hereinafter “the first crime of this case”) as stated in the judgment of the court below. (3) On the other hand, the above elementary school care teacher confirmed that the victim was lost from the care classroom, and reported the disappearance thereof to the police.
The victim of the evidence record 182 returned to the care classroom after having met with the defendant and returned to the care classroom. The police officers, teachers, etc. dispatched after having reported the disappearance, and teachers, etc. consulted the victim.