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(영문) 대전지방법원 2013.12.05 2013노1773
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts, the Defendant believed that he was not a juvenile, G and H, who did not present an identification card at the time of misunderstanding the fact that he was not a juvenile, and that he was given due care not to have sexual intercourse. Therefore, it cannot be deemed that the Defendant committed harmful

B. Even if the defendant's conviction on the grounds of unfair sentencing is recognized, the punishment of a fine of one million won imposed by the court below is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the following circumstances are acknowledged by the evidence duly adopted and examined by the Defendant at the lower court. i.e., ① the Defendant: (a) presented the Defendant’s identification card at the Defendant’s accommodation facility at the time of the instant case; (b) confirmed that the Defendant was not a juvenile; and (c) believed that the Defendant was not a juvenile but a juvenile; (d) based on such assertion, the Defendant’s entire age was not verified by objective methods; (b) the Defendant’s age verified was off by 94 students; and (c) even if the Defendant was highly likely to be included in the juvenile during the instant work, the Defendant neglected to confirm the fact; (c) G and H’s age for which the Defendant did not verify the identification card was born in 97 and 95 years; and (d) in such circumstances, the Defendant’s care to provide a separate accommodation between men and women, making it difficult to see that the Defendant was a male and female juvenile, even though having been aware of such possibility.

Therefore, the defendant's assertion of mistake is without merit.

B. We examine the argument of unfair sentencing, and examine the age of the defendant, who presented a certain number of identification cards during his/her work, and verify the remaining age, and also whether the defendant is a juvenile.

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