logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.01.21 2015노513
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (hereinafter referred to as “Defendant”) is indicated only as Defendant A.

1) In fact, N did not know the fact that it was a juvenile, and did not force N to leave two vehicles, and O did not know the fact that it was a juvenile at the time of employment and did not know the fact that it was a juvenile.

2) The punishment sentenced by the lower court (a 3 years and 6 months of imprisonment, 40 hours of completion of sexual assault treatment programs, 4340,00 won) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts does not constitute a joint principal offender for special larceny, since there was no fact that the Defendant committed a theft of property in combination with A.

2) The punishment sentenced by the lower court (eight months of imprisonment, two years of suspended sentence, and 40 hours of community service) is too unreasonable.

2. Determination

A. Judgment 1 on Defendant A’s assertion of mistake of fact i.e., the circumstances acknowledged by the lower court and the evidence duly adopted and examined by the first instance court, i.e., the Defendant first met from the investigative agency to the lower court’s court.

On December 2013, 2013, the defendant was 21 suicides, but around February 2014, the defendant was "the employee of the sidewalk office is a minor."

“In light of the fact that the Defendant was a minor, who was living together with the Defendant during the period from February to December 12, 2014, when preparing documents at a hospital to receive medical treatment, the Defendant consistently stated to the effect that he was aware of his actual age as a matter of course, and that B, a primary employee, was aware of the fact that he was a minor, and the Defendant also stated that he was aware of such fact (Evidence Record 89,90 pages), and (3) N was living together with the Defendant in the investigative agency and the court of the lower court.

arrow