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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles have a fact that the Defendant had sexual intercourse with D, a juvenile, and provided D with clothes or food, etc. However, the Defendant only had sexual intercourse with D with D with a dynamic sentiment on D, and did not have sexual intercourse with D with money, valuables, food, etc. for property benefits, such as money, valuables, and food. 2) Even if all of the facts charged charged are found guilty, the lower court’s punishment is too unreasonable.
B. Each sentence (for the defendant A, 10 months of imprisonment with prison labor, 1 year of suspended execution, and 15 million won in case of the defendant B) that the court below sentenced the defendants shall be too uneased and unreasonable.
2. Determination
A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to Defendant A’s assertion of mistake, etc., the court below is justified in finding Defendant A guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) since the fact that Defendant offered money, valuables, other property benefits, etc. to juveniles and provided sexual intercourse with D can be acknowledged without any reasonable doubt, and there is no error of law such as misunderstanding of facts as alleged by the Defendant.
① The Defendant, as M&N, was 35 years of age at the time of the instant case, while D was a middle school student who was 14 years of age as N&N, and the Defendant was 21 years of age.
Although there are many ages differences between adults and men, it is possible to form a patriotic relationship, and it is not much significant. However, it is social norms to view that the defendant, an adult of 35 years of age, as in the instant case, is a course or result of a teaching system based on the ties between men and women, having a sexual relationship as soon as the first day is divided by a text through a smartphone application, and is immediately divided by a sexual relationship between men and women on the basis of the ties between men and women.