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(영문) 부산고등법원 2012.11.14 2012노310

특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

information about the defendant for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order; 1) Defendant and the respondent for an attachment order (hereinafter referred to as Defendant and the respondent for an attachment order)

(2) The lower court found the Defendant guilty of all of the facts charged of this case, on the ground that the lower court erred by misapprehending the legal doctrine on unreasonable sentencing. 2) The lower court erred by misapprehending the legal doctrine on unreasonable sentencing is so unreasonable that the sentencing of the lower court is too unreasonable that the sentencing of the victim is too unreasonable.

(2) The defense counsel's opinion of July 24, 2012, which was submitted after the expiration of the period for submission of the written appeal, is to supplement the grounds for appeal, and the defense counsel's opinion of September 13, 2012, shall be determined within the scope of supplement to the grounds for appeal, and it shall not be separately determined as to the defense counsel's assertion that is not entirely stated

1) The lower court’s sentencing is too unjustifiable and unreasonable. 2) The period for attaching an unfair tracking device to an attachment order is too short.

2. Determination

가. 피고사건 부분 1) 피고인의 사실오인의 주장에 관한 판단 원심이 적법하게 채택하여 조사한 증거들을 종합하여 인정되는 다음과 같은 사정, 즉 ① 피해자는 한국 웩슬러 아동용 지능검사(K-WISC-Ⅲ 로 측정한 결과 언어성 지능은 51 미만, 동작성 지능은 51 미만, 전체지능은 49 미만으로 지적 결손을 보이고, 사회연령은 8세 6개월 내지 9세 수준인 지적장애 2급의 장애인인 점, ② 피고인은 2011년 9월경 인터넷 채팅사이트에서 피해자를 알게 되었는데, 인터넷 채팅으로 피해자에게 보고 싶다

With regard to the fact that only a vehicle from Ulsan is prepared for or out of Ulsan, the victim would be willing to be able to spawn and live in the job, and would be able to do so, and the victim will be a high-speed bus around 13:44 on February 3, 2012.