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All appeals filed by the defendant and prosecutor are dismissed.
The judgment below
“The 4th 11th sentence” and “B.”
Reasons
1. Summary of grounds for appeal;
A. (1) The Defendant did not have conspired to commit each of the crimes of this case with D, C, B, and the victim, and there is no fact that D, C, B, and the victim were detained jointly.
Even if the Defendant took part in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, he/she is merely an aiding and abetting offender, and the Defendant does not have any fact that “the victim received, demanded, or promised all or part of the consideration,” and thus, Article 14(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and only Article 14(1)2 of the same Act shall apply to the Defendant.
Nevertheless, each of the facts charged in this case is found guilty, and the judgment of the court below that applied Article 14(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is erroneous in the misapprehension of legal principles and thereby adversely affecting the conclusion of
B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.
2. Determination
A. In the lower court’s determination on the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court rejected all of the above arguments by providing a detailed statement of “decision on the Defendant A’s assertion” in Articles 7 through 16 of the lower
In addition to the following facts and circumstances known from the evidence duly adopted and investigated by the court below, the decision of the court below is reasonable and it cannot be said that there was an error of mistake of facts or of misunderstanding of legal principles as alleged by the defendant.
Therefore, the defendant's argument in this part is rejected.
(1) The Defendant’s testimony at the lower court.