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(영문) 부산고등법원 (창원) 2015.11.04 2015노297
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the abuse of force, misunderstanding of facts 1), although the defendant was only engaged in a normal sexual relationship under the agreement with the victim and did not have sexual intercourse with the victim by force, the court below found the defendant guilty of this part of the facts charged. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment. 2) In relation to each sex trafficking part, the defendant merely gave money to C who had a person with a relationship, and did not pay money in return for the sex relationship, but the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment.

3) In relation to the part concerning brokerage and mediation of sexual traffic, although the Defendant did not arrange sexual traffic to C, the lower court found the Defendant guilty of this part of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. (B) The lower court’s sentence of unfair sentencing (three years and six months of imprisonment, and forty hours of order to complete a program)

2. Determination

A. Comprehensively taking account of each of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, legal principles, and evidence rules, the Defendant, as stated in each of the facts charged in the instant case, has sexual intercourse with C by force, who is a juvenile, and can establish a sexual relationship with C while paying the price to C and arrange C to engage in sexual traffic. As such, the lower court’s findings of fact and determination (which is written in detail in 7-14 of the lower judgment) cannot be deemed to have any error, and the Defendant’s allegation in this part is without merit.

1. The victim stated that he had sexual intercourse with the victim “at the time when the defendant had sexual intercourse with himself by force, he taken the body against his will and threatened the use of it.”

② It seems that the victim, who is only a 15-year old student, established a normal relationship with a man of 26 years of age who is an illegal Stayer status.

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