강요미수등
Of the judgment of the court of first instance, the part of conviction against the defendant and the judgment of the court of second instance shall be reversed.
The defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. Defendant 1’s mistake (as to Defendant 1’s conviction against the Defendant, violation of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts (the Act on the Mediation, etc. of Commercial Sex Acts)) was established against the Defendant in violation of the Act on the Punishment, etc. of Acts, such as the Mediation, etc. of Commercial Sex Acts (the mediation, etc. of commercial sex acts). However, the Defendant did not arrange commercial sex acts,
2) Each sentence sentenced by the first and second instances of sentencing (the first instance judgment: the fine of KRW 15 million; the second instance judgment: the fine of KRW 7 million) is too unreasonable.
B. Prosecutor 1) The first instance court acquitted the Defendant on the charge of attempted coercion of the Defendant, but it is sufficiently recognized that the Defendant committed an attempted crime. Thus, there is an error of mistake of fact in the part of acquittal against the Defendant of the first instance judgment.
2) It is unfair that each of the above-mentioned sentences, which the first and second instances of sentencing were applied to the defendant, is too unhutiled.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance against the defendant and the prosecutor respectively filed an appeal, and this court decided to hold a joint hearing of each of the above appeal cases.
However, among the judgment of the court of first instance, each of the facts constituting a crime and the facts constituting a concurrent crime as stated in the judgment of the court of first instance in the judgment of the court below with respect to the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the guilty portion of the judgment of the court of first instance and the judgment of the
However, even in the case of destruction by authority as above, the argument of mistake of facts by the defendant and prosecutor is still subject to the judgment of this court, and this is examined below.
(b).