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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2019.01.24 2018노483
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s act of arranging sexual traffic as of October 29, 2017 is a single criminal act of H. Since then, the Defendant, instead of arranging sexual traffic to M and N, had the Defendant enticed M and N as if they engaged in sexual traffic, thereby deceiving the other party to acquire money from the other party as a price for sexual traffic. Nevertheless, the lower court’s judgment convicting this part of the facts charged is erroneous in misunderstanding of facts. 2) The sentence (one year of imprisonment, etc.) sentenced by the lower court is too unreasonable.

B. Prosecutor 1) The statement of rape by the victim N of misunderstanding of facts is sufficiently reliable. Nevertheless, the lower court acquitted the Defendant on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape). 2) The above sentence imposed by the lower court of unreasonable sentencing is too uneasible and unreasonable.

2. Judgment on the assertion of mistake of facts

A. 1) The lower court determined the Defendant’s assertion of mistake of the facts and circumstances based on the evidence duly adopted and investigated by the lower court in light of its legal doctrine, and determined that the Defendant could have arranged the act of purchasing sexual intercourse with the business of the Defendant. ① The lower court first accepted M and N’s first, and then notified M and N of the amount of sexual traffic payment to them. He sent N to the south of the condition, and the N sent N to N. The Defendant was the Defendant. The Defendant was aware of N’s sex purchase, and the Defendant was the Defendant. As such, it is evident that N was sexual traffic for which H had already transmitted to N. The Defendant and H to “the act of purchasing sexual intercourse” was sexual traffic. ② N stated that “The act of purchasing sexual intercourse with the Defendant was sexual traffic” (see, e.g., the lower court’s examination of witness witness record).

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