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(영문) 부산고등법원 2013.04.18 2012노711
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

Defendant

B. ..

Reasons

1. Summary of grounds for appeal;

A. Defendant A (A) misunderstanding of facts) since the victim did not go to go against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the victim voluntarily released sexual traffic with the Defendant, and the victim provided money in return for sexual traffic with the Defendant, and used the money as the cost of the victim’s own living. The Defendant did not induce and induce the victim to become the counterpart of the act of purchasing child or juvenile sex.

B) On July 1, 2012, the Defendant committed a violation of the Punishment of Violence, etc. Act (a collective injury or threat of deadly weapons, etc.) on or around 04:00 on or around July 1, 2012, the Defendant committed a crime at the time of her clock. However, there was no injury by her face and head due to her suspension line, and there was no injury by her face and head, and there was no injury by her clicking the victim as the head of the click on or around 04:00 on July 2, 2012, the Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.). Nevertheless, the lower court, which found him guilty of each of the above facts charged, erred by misapprehending the facts that affected the conclusion of the judgment, in light of the various sentencing conditions of the instant case.

B. Defendant B (1) misunderstanding of facts) The Defendant did not induce or induce the victim to become the counterpart in buying sex of a child or juvenile, and there was no fact that the victim made a statement about sexual traffic, and did not receive or use the money received in return for sexual traffic. Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

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