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(영문) 창원지방법원 2016.07.07 2015노2023
아동복지법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Although the defendant's act of compelling the victim to act in a manner that makes the victim's sexual organ soon and booms the defendant's sexual organ with his/her hand constitutes sexual abuse under the Child Welfare Act, the court below's decision which acquitted the defendant by narrowly interpreting the scope of sexual abuse under the Child Welfare Act is erroneous in the misapprehension of legal principles.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal, and the prosecutor tried to amend the amendment of the indictment to add “Article 71(1)2 and Article 17 subparag. 5 of the former Child Uniforms Land Act (Act No. 11690)” to “Article 71(1)2 and Article 17 subparag. 5 of the former Child Uniforms Land Act (Act No. 11690)” as the conjunctive facts charged, while maintaining the previous facts charged which the court rendered a not-guilty verdict, and the judgment of the court below was no longer maintained as the subject of the judgment was changed by permitting it.

However, notwithstanding the above reasons for ex officio reversal, the prosecutor's argument of misunderstanding the legal principles on the primary facts charged is still subject to the judgment of this court, and this is examined below.

3. Summary of the facts charged

A. The Defendant, along with C and D, lived with the victim E and F (M, 14 years of age), and F (M, 15 years of age) who is a female child born from home with C and D, and also with the victim and F, who had sexual traffic with those who are not recruited through the Internet, and prepared daily living expenses, entertainment expenses, etc. with the money given in return.

1) On November 2013, the Defendant: (a) was aware of the fact that the victim had sexual intercourse with C, and (b) knew of the fact that the victim had sexual intercourse with C; (c) the Defendant was aware of such fact; and (d) whether the F was aware of such fact;

It is not easy to say that we will leave only the conditions.

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