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(영문) 서울고등법원 2013.05.24 2012노3796
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Of the judgment of the court below, the violation of the Juvenile Protection Act due to the employment of business establishments harmful to the defendant AV by the defendant AV.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s grounds of appeal 1) Notwithstanding the consistent statement made by Defendant AM against Defendant AM, the lower court acquitted Defendant AO of this part of the charges, despite the consistent statement made by the Victim AU, the lower court acquitted Defendant AO of this part of the charges. 2) The legislative intent of the Juvenile Protection Act prohibiting Defendant AO from employing juveniles at harmful businesses in the Juvenile Protection Act is to protect and relieve juveniles from harmful environment so that juveniles can grow up to full character, and in light of this, the number of crimes in violation of the Juvenile Protection Act is deemed to be constituted by each of the employed juveniles, and thus, the lower court erred by misapprehending the legal doctrine and acquitted Defendant AO of the charges, despite the fact that the case for which the instant case and the summary order became final and conclusive does not extend to the instant case.

B. Defendant A’s grounds for appeal (in fact-finding, unreasonable sentencing) 1) misunderstanding of facts (the grounds for appeal by Defendant A) (the fact-finding, unfair sentencing) is recognized that Defendant A did not pay the drinking value at each main point of the operation of the victim AB and AG. However, at the time, the victim AB did not pay the drinking value by making the victim AB know her phone to the “AD type” who is the captain of the above Defendant. The victim AB did not have cash at the time, and she did not have cash at the time, she was placed 30 minutes later, she was placed at the 30 minutes later, and she was placed at the main point, and there was no fact that there was a heavy amount of money for the victims to keep the victims in mind of their claim for alcoholic beverage payment (the judgment of the court below 1 and 2) and imprisonment (the crime of imprisonment with prison labor for six months) and imprisonment with prison labor for six months (the crime of violation of Articles 1 and 4-1 of the judgment of the court below).

C. DefendantN.

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