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(영문) 부산고등법원 2013.10.31 2013노70
강도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 100,000 won.

Reasons

1. Summary of grounds for appeal;

A. In regard to robbery 1, the court below found the robbery 1 (the judgment of the court below) that the defendant entered the victim's house on September 18, 2012 with the drunk victim around 03:20 on September 18, 2012, or that the victim did not assault the victim to suppress resistance and take the wall back, but the victim did not have any intention to commit robbery. Nevertheless, the court below found the defendant guilty of robbery in this part of the charges and did not affect the conclusion of the judgment by misunderstanding the facts, which affected the conclusion of the judgment (the judgment of the court below 2) on the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of Commercial Sex Acts (the act of sexual traffic) and robbery (the judgment of the court below 2). However, although the defendant had sexual intercourse or sexual intercourse under the agreement with N and Internet hosting on April 4, 2011, he did not pay for commercial sex acts, and there was no violation of law by misunderstanding the victim's sexual intercourse and thereby requesting the court judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by each court below is too unreasonable.

2. Determination

A. After the court of first instance and the second court completed a separate hearing on the defendant's ex officio determination, they sentenced two years of imprisonment in the first instance case, and one year and six months of imprisonment in the second instance case, respectively. The defendant filed an appeal against the judgment of the court of first instance against each of the judgment of the court of second instance, and the court of second instance decided to jointly examine each of the appeal cases.

The judgment of the court below against the defendant shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

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