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(영문) 부산고등법원 2018.11.07 2018노513
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.), Defendant would have voluntarily met the terms and conditions of the victims.

The victims were introduced to C, and they did not induce and induce victims.

2) The sentence of the lower court (short-term one year and nine months, and two years) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the following facts acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts and the evidence duly admitted and investigated by the court below, the Defendant is deemed to have induced and solicited the victims to become the counter party to the act of purchasing the sexual intercourse. Therefore, the lower court’s judgment is justifiable, and there is no illegality of misconception of facts as alleged by the Defendant and the defense counsel.

This part of the defendant's assertion is without merit.

① The Defendant acknowledged this part of the facts charged in the lower court’s court.

The defendant's statement of confession that recognized all his/her criminal act after obtaining the assistance of counsel in the court may not be easily rejected unless there is an explanation by which he/she can understand the circumstances leading up to the confession.

② The victims heard that they are able to pay a large amount of money through O and P, and they met the Defendant at the parent coffee shop around October 29, 2017.

The victims have been proposed at an investigative agency only by the Defendant at the time to remain (titled to engage in sexual traffic) and the Defendant does not want to be punished for an accident because there is a large amount of money, and the Defendant does not want to be punished for an accident;

(1) A report was made only once a day, and the report was made only once, and the report was made only once.

Japan made a statement.

The victims first rejected the defendant's proposal and responded to the defendant's proposal at the end of each other's discussion.

The victims are introduced to the defendant.

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