아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
(b) the defendant;
1. The summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) acknowledges and reflects the defendant's mistake, and the defendant was sentenced to one year of suspended sentence of six months of imprisonment with prison labor for special larceny at the head of Suwon District Court on November 10, 2017 and the judgment became final and conclusive on November 18, 2017. In light of the fact that the crime of this case and the above crime for which the judgment became final and conclusive should consider equity with the case of concurrent crimes with the case of concurrent crimes after Article 37 of the Criminal Act at the same time, the court below's sentence that sentenced the defendant to order to complete a program to prevent sexual traffic intermediation for one year and six months and 80 hours of imprisonment is too unreasonable.
2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.
According to the Defendant’s statement at the trial court, etc., the Defendant was sentenced to one year of suspension of the execution of six months of imprisonment with prison labor for special larceny at a prison guard on November 10, 2017 and the judgment became final and conclusive on November 18, 2017.
However, since the crime of this case is in the relation of special larceny for which judgment has become final and conclusive and the concurrent crimes after Article 37 of the Criminal Act, the court below did not take such measures, even though considering the equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act, and determined the punishment after examining whether to reduce or exempt the punishment. In this regard, the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the part of the judgment below against the defendant is reversed and it is again decided as follows, without examining the above ex officio reversal grounds.
Criminal facts
The summary of the defendant's criminal facts and the summary of the evidence added to the criminal facts, "the defendant was sentenced to one year to a suspended sentence of six months of imprisonment with prison labor for special larceny from a prison labor force force officer on November 10, 2017, and the judgment became final and conclusive on November 18, 2017," and "1. The defendant's person is the defendant's person."