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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant: (a) believed that E was the married accommodation; and (b) failed to deem D as a juvenile; and (c) there was no intention on the juvenile sexual intercourse accommodation.
B. In light of the overall conditions of sentencing on the sentencing, the lower court’s sentence of KRW 2,00,000 (fine 2,000) is too unreasonable.
2. Determination on the grounds for appeal
A. In a case where there are circumstances to suspect that a juvenile is a juvenile through the appearance or screen of a person who intends to be well-known in a judgment on the assertion of mistake of facts, the person who conducts the business should be allowed to have the juvenile sexual intercourse only if it is confirmed by his/her identification card or other reliable methods and only if it is confirmed that he/she is not a juvenile. Therefore, if the above confirmation procedure is not followed, the juvenile sexual intercourse has an incomplete intention.
(2) On August 21, 2001, 2001, 2001. Based on the above legal principle, the defendant stated that "E and D opened a brine with a thickness and entered the house and entered the house and entered the house and entered the house and entered the brine, D without hiding part of D, and E did not have the defendant's identification card, and 2 the defendant did not confirm the identity card of E and D, it is reasonable to view that the defendant was a juvenile at the time of the instant case without confirming the age by identification card or any other reliable method. Thus, the defendant did not have any intention or negligence on the brine of E and D at least at least, which is a juvenile at the time of the instant case, so the defendant's assertion of mistake of facts is without merit.
B. It protects and relieves juveniles on the assertion of unfair sentencing from various harmful environments, such as divorce and lodging.