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(영문) 대전고등법원 2014.10.17 2014노350
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the gist of the grounds for appeal (the factual error) and the victim’s relationship with the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”), the victim’s friendship AX seems to have continuously suffered damage under the victim’s friendly M by suffering injury from the defendant’s friendly M, and the victim’s birth is merely a woman under the age of 16 and was unable to actively report the pregnancy even with the victim’s awareness of pregnancy, the court below rejected the victim’s statement without reasonable grounds, and acquitted the defendant on this part of the charges.

2. Determination on the part of the defendant's case

A. The summary of this part of the facts charged is that the Defendant: (a) as of September 2012, 2012, committed an act of fraud in the Republic of Korea, such as AX, AY, and Z, with female juveniles including MaW (16 years of age), such as AX, AY, and AZ; (b) committed an act of fraud in the Republic of Korea (a) with male and female juveniles (the other male, who is obligated to take the conditions of the above victim AW and AY, into the port or the inside the port after having taken the call from them; and (c) male and female juveniles, who were waiting outside the port, reported to the police that they attempted to take part in the act of prostitution and sexual traffic; and (d) the Defendant committed an act of fraud in the Republic of Korea with the above Ma and female juveniles and reported to the police when they attempted to take part in the act of prostitution and sexual traffic, and (e) had them commit the above conditions together with the above Ma and female juveniles until November 2012.

그러는 동안 위 M은 수시로 위 AX이나 피해자 AW 등을 폭행하고, 피고인도 같이 위 AX을 폭행하거나 옆에서 윽박지르는 등의 행위를 하여, 위 피해자 AW를 비롯한 위 여자 청소년들은 피고인과 M을 무서워하였으며, 감히 피고인이나 M의 요구를 거절할 수 없는 상황이었다.

(1) On September 2012, the Defendant is located in Daejeon Jung-gu, Daejeon.

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