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(영문) 서울북부지방법원 2017.05.11 2016노2485
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

Although the Defendant did not recognize the fact that the victims were juveniles at the time of the instant case, the lower court convicted the Defendant of the charges of this case by misunderstanding the fact.

The sentencing of the court below's unfair sentencing (the imprisonment of six months, the suspension of execution of one year, and the order to attend the course of preventing sexual traffic for forty hours) is too unreasonable.

In full view of the following facts and circumstances admitted by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts as to the grounds for appeal, the defendant can be found to have known that the victims were juveniles or not aware of such facts or circumstances.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant.

① The Defendant and the victims did not drink all when entering the instant telecom, and before proposing the Defendant to implement the remaining conditions only, the Defendant and the victims divided into games for a considerable period of time in the telecom room, and thus, the Defendant and the victims might have been able to observe the victims’ external appearance, physical form, horses, behaviors, etc. in detail.

② The victims divided the N and several Madi dialogues with the Defendant, but the witness N requested the victims to present their resident registration certificates at the court of original instance on the following grounds: “At the time of entering the instant telecom, the victims are not superior if they are women in the same way as our women in good mind.” The N did not think that the victims are adults, and it did not allow them to enter the telecom.

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