The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that it is difficult to view that D was aware that the defendant was a child or juvenile at the time of the crime of this case was erroneous.

B. The sentence (two million won of fine) imposed by the lower court on the ground of unfair sentencing is too uneased and unreasonable.

2. Determination

A. On February 10, 2014, around 23:30 on February 10, 2014, the summary of the facts charged in the instant case: (a) the Defendant committed an act of purchasing child or juvenile sex by giving KRW 100,00 to the second grade D (n, 14 years old), a child or juvenile, who became aware of through the Internet car page, and by doing sexual intercourse; and (b) the lower court acquitted the Defendant on this part of the facts charged on the ground that the evidence submitted by the prosecutor alone, in light of the following circumstances, it is difficult to deem that the Defendant, at the time of the instant case, was unable to be proven to the extent that there is no reasonable doubt as to whether the Defendant had been aware of the fact that the victim is a juvenile.

① The instant sexual traffic sought the other party to the instant sexual traffic by holding D’s friendship E as if D was D. In fact, D’s sexual traffic had been conducted in the manner of drinking or sexual intercourse with the other party to the sexual traffic. In the course of the above hosting and the sexual traffic, E or D did not indicate the Defendant’s actual age.

② Rather, the Defendant was introduced D as 20 years of age at the time of the above hosting, and it was too difficult to keep D’s pictures from being transmitted during the hosting process.

No reference was made to the age of 20 years, such as neither or 20 years of age, and there is no evidence to deem that the defendant attempted to purchase sex against the juvenile.

(3) The defendant, while standing a motor vehicle on the roads near the subway station around 23:0, who is in the heart of D, moves the motor vehicle to the house following the boarding of the motor vehicle.