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(영문) 서울고등법원 2017.06.01 2017노835
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the background behind the Defendant’s misunderstanding of facts, the background leading up to the Defendant’s knowledge of the F, the F’s identification card to the Defendant, the Defendant’s principal name and age, and the F’s statement in the lower court court’s court, the evidence alone submitted by the Prosecutor was proved to the extent that there is no reasonable doubt that the Defendant was aware that F was a child or juvenile.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of three years and six months, and the completion of the program to prevent sexual traffic brokerage) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant was aware that F was the full name and the age of F was 17 years in January, 2016. However, in January 2016, F was said to be Q’s name and the age of Q was 21 years, and Q’s resident registration certificate and M’s account was displayed in Q’s name, and, at the time of the instant crime, the Defendant was dismissed “F” to “21 years Q Q.” As such, there was no intention to commit a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (business Conduct, etc.).

The witness F of the original court, including 416th party of the evidence record, made a statement that corresponds to the above argument of the defendant at the original court.

However, it is difficult to believe each of the above statements by the Defendant and the witness F of the lower court in light of the various circumstances acknowledged by the lower court (the part on the last day of the 3th to 7th page of the lower judgment).

B. A. The Defendant and the witness F of the lower court showed the Defendant’s name in Q in January 2016, as the Defendant and the witness F of the lower court, that the Defendant was “ Q”, and that Q’s age was 21 years old and Q’s resident registration certificate and Q’s account.

Even if the court below duly admitted and investigated the following circumstances, i.e., juveniles are belonging to their own name and age, and they are engaged in sexual traffic by pretending that they are adults.

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