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(영문) 서울고등법원 2016.05.19 2016노747
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not have sexual intercourse with the victim by force, such as misconception of facts, and the fact that the victim who is a child or juvenile became the counterpart to the purchase of sex by agreement with the defendant rather than assault and intimidation by the defendant. Thus, Article 14(2) and Article 14(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, not Article 14(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, but Article 14(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the court below convicted all of the charges.

B. The sentencing of the lower court is too unreasonable.

(c)

It is unreasonable for the court below to order the disclosure and notification of information about the defendant for a period of four years, even if the defendant did not commit a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme), and even if the defendant is found guilty of domestic affairs, there are special circumstances that should not disclose the defendant's personal information.

2. Determination

A. Determination on the assertion of mistake of facts, etc. 1) Determination on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.) shall be made by comprehensively taking into account all the circumstances, such as the content and degree of use of force as well as the type of assault and intimidation, the status of the perpetrator who committed the act, the age of the perpetrator and the victim, the relationship between the perpetrator and the victim, the circumstances leading to the act, the specific manner leading up to the act, and the circumstances at the time of the crime, etc. (see Supreme Court Decision 201Do11815, Jan. 16, 2014).

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