폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
As to the crime No. 1 in the judgment of the defendant, the crime No. 2 in the judgment of the court shall be sentenced to one year and four months.
1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment with prison labor and four months of imprisonment with prison labor for the crimes of the 2015 High 103 High 103 High Gohap) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
Articles provided for in a criminal act may be confiscated if they do not belong to a person other than the criminal (Article 48(1) of the Criminal Act). An accomplice falling under “criminal” under Article 48(1) of the Criminal Act cannot be deemed limited to a person who has committed an offense of guilt, and is sufficient if he/she committed an act falling under the accomplice (Supreme Court Decision 2006Do5586 Decided November 23, 2006). The court below confiscated evidence No. 1 (driving License). According to the evidence adopted and examined by the court below, the above driver’s license is obvious that the above driver’s license is the one under his/her name, and the evidence submitted by the public prosecutor alone alone does not constitute an accomplice of the crime of unlawful criminal acts of official documents.
Therefore, the judgment of the court below which confiscated subparagraph 1 of evidence belonging to a person other than an offender is erroneous in the misunderstanding of legal principles as to confiscation, which affected the conclusion of the judgment.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is decided as follows through pleading.
[Grounds for a new judgment] On November 4, 2015, the Defendant was sentenced to imprisonment without prison labor for a period of two years in August, 2015 and the judgment became final and conclusive on November 12, 2015, for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the original branch of the Chuncheon District Court.
1. Violation of the Punishment of Violences, etc. Act (joint conflict) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) (2015 Gohap 103) / The defendant, C, and D, as the front line of the Eastern line, shall be sexual traffic conducted by giving sexual traffic to the victim E (V, 16 years old) who is a juvenile, and then enjoy the price for sexual traffic;