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(영문) 서울고등법원 2015.05.14 2015노505
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair form of punishment) ① The grounds for appeal submitted by the Defendant to this court contain an assertion of mistake that “no fact exists demanding a sexual relationship in return for payment of money to the juvenile in question.” The grounds for appeal submitted by the Defendant’s defense counsel to this court contain an assertion of mistake that “the juvenile in question has paid money for pure use to the juvenile in question.” However, the Defendant and the defense counsel withdrawn their respective arguments of mistake during the first trial

② Although the statement of grounds for appeal submitted by the Defendant to this court contains “legal scenarios,” the Defendant withdrawn the aforementioned legal principles on the date of the first trial of the court below.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Judgment

All of the crimes of this case are recognized by the defendant, and the mistake has been divided, agreed with the parents of the target juvenile, the juvenile does not want the punishment of the defendant, the defendant has no record of criminal punishment until now, and the defendant has old age.

However, this case argues that the defendant committed sexual intercourses by paying the price to the target juvenile two times, and that the crime is not good and criminal, and that the target juvenile is intellectual disability. The defendant and his/her defense counsel did not know that the target juvenile did not know that he/she had the ability to distinguish and make decisions due to mental disability. However, according to the evidence duly adopted and investigated by the court below and the trial court, the target juvenile did not have the ability to distinguish and make decisions.

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