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(영문) 대구고등법원 2016.07.07 2016노101
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3.Provided, That the period of two years from the date this judgment becomes final and conclusive shall be the same.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact-misunderstanding or legal principles that the Defendant, as a police officer, appears to have been aware that a sexual traffic woman could work as a juvenile, and that the E’s age was lower than 15, and that E said age was lower than the age of 20, the boundary between adults and juveniles, and that E’s statement recorded CDs with respect to E reproduced in the court below’s decision, appears to be a juvenile easily, such as a very high level and passive expression of one’s claim, and that there was a frequent number of comments related to sexual traffic in H, which is the means of hosting, and the time when the writing related to sexual traffic was raised frequently, which is a social issue, the Defendant had at least an incomplete intention for food that sexual traffic woman could work as a juvenile, but it could not be inevitable.

Although the court below found the defendant not guilty of this part, the court below erred by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court that is unfair in sentencing (three million won in penalty) is too unhued and unfair.

2. Determination

A. 1) In light of the following circumstances as shown in the record, the lower court’s determination on the assertion of misunderstanding of facts or misapprehension of legal doctrine was proven to the extent that there is no reasonable doubt that the Defendant was aware of the fact that E was a juvenile at the time of the instant case.

It is difficult to view this part of the facts charged, and on the grounds that there is no other evidence to acknowledge it.

1. E in the police station, “I have known the other male himself/herself of the need to know that he/she is a minor.”

Before that, it is necessary to know about the difference between the two.

Now it was about 20 suicide.

Whether there is a male who wishes to remain only on the condition that he/she is a minor, for the question of "I am under the age of" and "I am under the age of".

V.NNENEN.

“The record of evidence 48 pages).” (2) The Defendant met E and approximately 30 minutes.

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