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(영문) 부산고등법원 (창원) 2015.10.28 2015노280
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles, the Defendant provided cash in order to observe the promise that had been committed at the time of hosting with E, a juvenile juvenile, and provided the other party with meals and batteries. As such, the Defendant did not have a quid pro quo relationship between the provision of money and the other party’s physical contact with the other party’s juveniles. As such, the lower court found the Defendant guilty of the facts charged in this case, the lower court erred by misapprehending the legal doctrine on the purchase of sex

B. The sentence imposed by the lower court (two years of suspended execution in October, community service order, 80 hours in community service order, and 40 hours in attendance order) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, misunderstanding of legal principles, and the following circumstances recognized by the rules of evidence, the Defendant’s act of providing cash, etc. to the other party juveniles as stated in the facts charged in the instant case and creating a negative figure of the above juveniles in return for such provision is justified, and the Defendant’s allegation in this part is without merit.

① The Defendant who is a male male aged 50 and the other female male aged 14, 15 and the other female male male was first met on the day of the instant case. In light of the Defendant’s age, gender, contact period, contact process, contact method and circumstance, etc., it seems that the Defendant and the above juveniles did not have to form any patriotic relationship or friendship.

② Despite that, the Defendant provided money, meals, clothes, etc. to the extent that it would be deemed excessive to the juveniles of the age age during a short period of time, and immediately became physical contact. It is difficult for the Defendant to find out any other motive for the said juveniles by providing them with money, meals, and clothes.

(3) An adult who is fifty years of age.

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