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(영문) 서울고등법원 2018.04.26 2017노3896
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, such as misunderstanding of facts, did not know that F was a child or juvenile at the time of purchasing child F’s sex, the lower court convicted the Defendant of the instant facts charged on the grounds of the statement of F without credibility. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The Defendant also asserted that the judgment of the lower court on the assertion of mistake of fact is identical to the assertion of mistake of fact, etc., and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

The following circumstances, which were duly adopted and examined by the court below in light of the evidence duly adopted and examined by the court below, namely, F was a child of 14 years old and younger at the time of the instant case due to L, and children and juveniles can be used without any special limitation, and the age indicated in E’s “E” is different from the actual age by the employer’s arbitrary establishment without any particular authentication procedure. The defendant India’s investigation agency reported and talked with F’s advertisement only with the conditions posted on F’s “E” in this case.

F was on board the Defendant’s seated by the Defendant’s head of Lone Star Engine, and the fact that the Defendant’s seated was visible, and did not seem to have many ages.

F The term "E" was 21 suicide when speaking for "E", and the term was 20 years after being asked.

Defendant’s “Wus 20 foots”

Although F respondeded to “20 suicide,” F was also suspected of ageing, it was called “a person who presents an identification card.”

When considering the fact-finding case law, the fact-finding was unsatised, and whether adults are minors or not, and the conviction was not unsatisfed.

In this regard, it was returned to the idea that it is adult who belongs to the defendant and is a minor who has been sexual traffic.

The following day is F.

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