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Defendant
All appeals against F, H and Prosecutor L are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant H (1) misunderstanding of facts does not constitute an act of purchasing child or juvenile sex as stated in the judgment of the court below.
(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (a fine of KRW 5 million) is too unreasonable.
B. Defendant F was aware that the other party who purchased sex was a minor.
C. The prosecutor (defendant L) made a single call with U on the day of the crime, and there was a detailed statement with U on 20 days prior to the crime, so there is a high possibility that it was difficult to reach the place of sexual traffic by means other than telephone calls. According to the testimony of U, AB, and AC, there are cases where sexual traffic is designated as a place of sexual traffic and sexual traffic is conducted by means of a single telephone call with a person subject to sexual traffic, U has made a statement to his/her identity as a person subject to sexual traffic during the police investigation. In full view of the above fact, the above statement is adjacent and concrete to the crime, and it is difficult to view that the defendant's statement at the police is insufficient to be seen as a situation where he/she made a false confession, the court below acquitted the defendant of this case on the ground that there is insufficient evidence to prove otherwise, the court below erred in the misapprehension of facts.
2. Determination
A. In full view of the following circumstances acknowledged by Defendant H and F’s assertion of misunderstanding of facts, Defendant H and this Court’s duly adopted and investigated evidence, Defendant H and the defense counsel’s aforementioned assertion is without merit. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, Defendant H and the defense counsel’s payment of U as stated in the facts constituting the crime as indicated in the judgment of Defendant H and the fact-finding relationship
(1) U, the other party to whom sex is purchased, refers to Defendant H photograph by the police.