The judgment below

The part against the defendant shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds of appeal is that the court below found the defendant guilty of the facts charged of this case even though the defendant only made telephone conversations with J and H, which is a juvenile, and did not meet the above juveniles and did not have sexual intercourses, committed an error of mistake of facts.

2. Determination

A. At around 20:00 on April 2, 2012, the Defendant, at the vicinity of Gangdong-gu Seoul Metropolitan Government I, solicited a juvenile to have a sexual intercourse with the juvenile J (16 years old, female), H (16 years old, female), and cellular phone, which became aware of through the Internet hosting site’s “Burdddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

C. 1) The former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) was enforced on December 18, 2012, the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Jun. 19, 2013). The lower court convicted the Defendant of the instant facts charged on June 4, 2013 under the former Act on the Protection of Children and Juveniles against Sexual Abuse. Article 10(2) is punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10,000 won. In light of the language and structure of the said Act and legislative intent of the said Act, even if a child or juvenile has already been engaged in commercial sex acts, the lower court should be deemed as having provided such money or goods, property benefits, and selling them for sale of them to one another by 10,000 won or less (see, e.g., Supreme Court Decision 2013).