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(영문) 대전고등법원 2019.11.22 2019노238
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal falls under the case where the victim was unable to appear on the date of trial because his/her whereabouts are unknown despite the investigation of his/her whereabouts more than five times in total, and thus it constitutes a case where it is impossible to make a statement as "the unknown whereabouts and other reasons corresponding thereto" under Article 314 of the Criminal Procedure Act. Since the victim voluntarily attended the investigative agency and stated the specific facts of damage, and made a statement or written confirmation in writing and signed it, there is little room for false entry in the above statement and there is a specific and external circumstance

Even if the admissibility of statements made by the victim is not recognized, since the CCTV images of the telecom in which sexual traffic in this case occurred and the defendant's mobile phone evidence analysis proves that the defendant mediated sexual traffic to the victim without any reasonable doubt, the judgment of the court below which acquitted the victim of the facts charged in this case is erroneous in the misunderstanding of legal principles

2. Summary of the facts charged

A. At around 23:00 on June 17, 2017, the Defendant: (a) received two mobile phone vacant machines with the market price in return for sexual traffic from the south of sexual purchase, which the Defendant recruited, from the public room on the third floor of Heung-gu Ba-gu Bel Cheongju-gu, Chungcheongnam-gu; and (b) assisted the Defendant to purchase the sex of a child or juvenile by allowing C (V, 14 years of age) and sexual traffic with the victim who is a child or juvenile.

B. Around 01:00 on June 18, 2017, the Defendant: (a) had the Defendant receive KRW 120,000 from the purchase price for sexual traffic on the road of the Escopic Escopic Escopic Escopic Escopic Escopic, Cheongju-si; and (b) had the victim C (the child or juvenile), who is a child or juvenile, engage in sexual traffic, arrange the purchase of child or juvenile sex.

3. The lower court’s judgment is that ① the victim’s self-written statement and the police statement of the victim are hearsay evidence, and thus, the Criminal Procedure Act.

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