(영문) 서울고등법원 2020.06.12 2020노549 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.06.12 2020노549

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have naturally sexual intercourses during which they were in the same way as E, and there has been no talking about any agreement or consideration concerning sexual traffic.

The fact that the defendant provided accommodation to E and paid a little amount of money (50,000 won) does not have any relationship with the sex relationship.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found that the defendant provided accommodation to E in return for purchasing sex, and paid 50,000 won in cash.

B. The sentence imposed by the court below (two months of imprisonment, five years of employment restriction order, 40 hours of order to complete a program) including an employment restriction order, including unreasonable sentencing, is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant also asserted the same as the grounds for appeal in this part.

In full view of the following circumstances, the lower court rejected the Defendant’s assertion on the following grounds: (a) the Defendant provided accommodation to E in return for the purchase of sex of E; and (b) granted KRW 50,000 to E.

① The Defendant offered accommodation and accommodation by dividing the conversations with E through a hosting app with “absent or uncomfortable contact,” and “absent account, if any, to forward the money.” The Defendant asked the Defendant to inform the Defendant of the address of the Defendant and to make him/her of his/her book.”

② In light of the Defendant’s statement, the Defendant appears to have attempted to make sexual contacts E immediately. Considering the fact that the Defendant and E first met with the Defendant at the time of delivery, and that there was a difference between the age of 20 and that of 20 years, it is difficult for the Defendant to naturally have sexual contacts with the Defendant.

③ The Defendant is actively engaged in such activities.

유사 판례

-서울남부지방법원 2020.02.13 2019고합319

-부산고등법원 (창원) 2015.10.28 2015노280

-부산고등법원 2015.05.07 2015노94

-부산고등법원 2018.06.20 2017노648

-서울고등법원 2015.06.18 2015노985