사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. In light of the circumstances, contents, etc. of the crime of this case, the crime of this case is not good, the damage caused by the crime of this case is recovered or not agreed with the victim, and the crime of this case of this case of sexual traffic is not highly harmful to society, such as undermining the sound sexual culture and good morals, etc. However, it seems that the defendant led to a confession of all the crime of this case and living in custody for more than 2 months, and it appears that the defendant sent time of reflectiveness while living together; the crime of violation of traffic law on the road has no record of criminal punishment except for fines of KRW 1.5 million due to the violation of the Road Traffic Act; and the crime of violence has no record of criminal punishment except for fines of KRW 50,000,000 due to the punishment; and other various sentencing conditions shown in the records and arguments, such as the defendant's age, character and environment
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to the corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment, Article 21(1) of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the defendant as seen earlier);
1. The community service order under Article 62-2 of the Criminal Act;