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(영문) 서울고등법원 2020.03.13 2019노2810
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts in dialogue with B by the defendant, the defendant must be certified as an adult, the defendant was only equal to that of his/her school, and the defendant was at a time lower than that of his/her school, and he/she was satisf and uniforms B, the defendant did not know that he/she was a child or juvenile, and the defendant did not clearly state his/her age to the defendant prior to his/her sex relationship, and even B did not clearly state his/her age to the defendant.

Nevertheless, the lower court erred by misapprehending the fact that the Defendant had purchased sex with the knowledge that the Defendant was a child or juvenile.

B. The sentence of an unreasonable sentencing (one-month imprisonment) by the lower court is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant also asserted the same as the grounds for appeal in this part.

In full view of the following circumstances, the lower court rejected the Defendant’s assertion that the Defendant was aware that he/she was a child or juvenile and that he/she had purchased the sex of B.

① From the investigative agency to the court of the court below, B consistently stated to the effect that “The age was 20 years” was stated at the time when the Defendant and the Defendant were held to be minors. In particular, the court of the court below made a statement to the effect that “B was aware that the Defendant was minors at the time when the Defendant and the Defendant met the terms and conditions and visited the Defendant’s house, and that the Defendant was again informed at the time of visiting the Defendant’s house.”

(2) Although the above hosting cases can be admitted from the age of 20, and even if B entered the age of 20, it can be sufficiently anticipated that users may enter the age differently from the actual one for the purpose of using the above fishing case, and the Defendant can fully know such circumstances.

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