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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In other words, an injury to a victim by misunderstanding the legal doctrine is caused by an agreement between the defendant and the victim.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misunderstanding of legal principles, although the act of this case is not punishable because it is based on the consent of the victim under Article 24
B. The punishment of the lower judgment that was unfair in sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. The consent of the victim whose illegality is excluded under Article 24 of the Criminal Act as to the assertion of misunderstanding of legal principles must not only be the consent of the person who can dispose of it legally if it damages personal legal interests (see Supreme Court Decision 85Do1892 delivered on December 10, 1985, etc.) but also be contrary to social norms ethically and morally (see Supreme Court Decision 85Do1892 delivered on December 10, 1985, etc.). Thus, the consent of the victim is contrary to social norms that cannot be permitted ethical and morally, so the illegality of the act of injury, such as the facts charged in this case, cannot be denied with the consent of the victim.
Therefore, the judgment of the court below is just and there is an error of law affecting the conclusion of the judgment.
subsection (b) of this section.
Defendant’s assertion is without merit.
B. In full view of the following circumstances: (a) the determination of the unfair argument of sentencing is examined; (b) the defendant recognized his mistake and reflects the defendant; (c) the victim does not want to be punished against the defendant; (d) the victim is deemed to have no record of criminal punishment exceeding the fine; (c) the victim’s degree of injury is not easy; (d) there is no change of circumstances that could change the sentence of the court below; and (e) other circumstances, such as the defendant’s age, sexual conduct, motive and background of the crime; and (e) circumstances after the crime, etc., various sentencing conditions indicated in