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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles, the Defendant thought that G was a mixed accommodation at the time of the instant case, and G was unaware of the fact that G was a juvenile, and G did not enter the instant hotel for the purpose of mixing with male and female accommodation.
Nevertheless, the judgment of the court below which judged that the defendant had a juvenile's sexual intercourse with G is erroneous in the misapprehension of legal principles and misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (the 500,000 won of a fine) is too heavy.
2. Determination:
A. 1) Determination of misunderstanding of facts and misapprehension of legal principles regarding the assertion of misunderstanding of facts should be made on April 19, 2012, when there are circumstances to suspect that a person who intends to be separated from a baby is a juvenile, such as the outer appearance and habitation of the person who intends to be separated from a baby, etc., he/she shall be allowed to separated from a juvenile only if he/she is confirmed to be not a juvenile by identification card or any other reliable method, and if not, at least if he/she allowed to do so, he/she has failed to do so. 2) According to each evidence duly adopted and investigated by the court below, G, which was born in April 1996, as a male-child-friendly club around 02:00, as well as I, and at the time when G paid accommodation charges with his/her father's credit card, the defendant demanded G to present his/her identification card to him/her or he/she did not know his/her father's identity card to G with his/her mother's identity card: The defendant does not know that he/she was his/herself.