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(영문) 부산고등법원 (창원) 2017.02.15 2016노467

마약류관리에관한법률위반(향정)등

Text

The judgment below

The guilty portion of Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Seized No. 1.

Reasons

1. Summary of grounds for appeal;

A. Fraud using misunderstanding of facts and misunderstanding of legal principles (the attempted fraud) is commenced when it has prepared necessary preparation for gambling and has solicited participation in gambling with such intent.

As can be seen, in light of the following: (a) the Defendants conspired to obtain money by inducing the victim in advance through gambling; (b) the Defendants did not have to prepare a separate special device by simply making the means of gambling planned by the Defendants; (c) provided a place and completed preparation for gambling; and (d) provided a victim with the intent of employing Defendant D, etc. by taking advantage of the victim’s good condition for young women; (b) provided the victim with a bruptist with the intention to cruel the victim; and (c) provided the victim with a bruptist with the intent to force judgment; and and (d) recommended the victim to brupt and boom together with the victim, it was difficult for the victim to do so by refusing to commit the actual

Even if it comes to the commencement of the crime of fraud, it is reasonable to view that the commencement of the crime of fraud was done.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles of fraud.

B. The sentence imposed by the lower court against the Defendants is unreasonable because it is too unfford that the Defendants were sentenced to the following sentence: 1 year and 6 months of imprisonment with prison labor, 3 years of suspended execution, 2 years of imprisonment with prison labor for community service 120 hours, 2 years of suspended execution, 2 years of imprisonment with prison labor for community service 120 hours, 40 hours, 40 hours of probation, 40 hours of imprisonment with prison labor for each E, 8 months of suspended execution, 2 years of probation, 1 year of observation of protection, 40 hours of attendance order, 40 hours of imprisonment with prison labor for each G, G, I, J, and K, 6 months of suspended execution, 2 years of suspended execution, 1 year of protection observation, 40 hours of attendance order:

2. Determination

A. Judgment 1 on the assertion of misunderstanding of facts and legal principles 1) The summary of this part of the facts charged is as follows: Defendant A, C, H, I, J, and K are young women with interest only to the young women who are young in the instant gambling place prepared at the office of Defendant A located in X and 3 of the city.