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(영문) 서울고등법원 2014.11.20 2014노2365
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles as stated in the judgment below [2014Gohap29] 1-A of criminal facts

In relation to navigation - misunderstanding of facts or misunderstanding of legal principles, the defendant did not have a relation to protecting and supervising the victim G (or 13 years of age), and only recommended the victim to engage in some commercial sex acts, and did not force or force the victim to engage in commercial sex acts. Furthermore, the court below found the defendant guilty of this part of the facts charged without receiving or demanding the compensation for commercial sex acts at the victim's request, and there was an error of misunderstanding of facts or misunderstanding of legal principles.

[2014Gohap29] Criminal facts No. 1-D.

1) In relation to paragraph (1) - The defendant did not compel the victims of misunderstanding of facts to conduct military services. Article 1-4(d) of the judgment of the court below [2014 Mahap29] related to the crime 1-4(d) of the crime - the defendant of misunderstanding of facts did not compel I to conduct a hosting for sexual traffic.

Applicant [2014Gohap29] Criminal 1-e of the judgment of the court below

There is no fact that the victim I stated that "if Ne is true and talked about the truth at the police station, he will enter a kniff with a kniff," and that there is no fact that the victim would not be present at the police station in the fnife certificate.

(v) [2014Gohap80] Criminal facts paragraph (2) - misunderstanding of facts in the judgment of the court below - No one half of the market price of the victim's house was stolen on September 11, 2013 from the victim's house.

B. The sentence imposed by the lower court on the Defendant (five years and six months of imprisonment) is too unreasonable.

2. Determination

A. (i) Judgment on the misunderstanding of facts or misapprehension of the legal principles [2014 Gohap29] 1-A of the facts constituting the crime.

The following circumstances, i.e., the argument of mistake of facts or misapprehension of legal principles, which can be recognized by the original court and the evidence duly adopted and investigated by the court below.

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