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(영문) 대구고등법원 2016.05.03 2015노684
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

1. The judgment below is reversed.

2. Defendants A, B, and C shall be punished by imprisonment for two years and six months, and Defendant D shall be punished by imprisonment for two years and six months and fine.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and D1) Fact-misunderstanding or misunderstanding of legal principles (Defendant A, D) Defendant A, and D do not engage in sexual traffic brokerage as a business.

Defendant

D is not a joint principal offender but an aiding and abetting offender. 2) The sentence of the lower court (Defendant A, B, and D: each of the long-term three years of imprisonment, 2 years and six months of short-term two, and Defendant D: imprisonment of three years and six months and fine of 300,000) is unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Determination

A. According to the provisions of Article 361-2(2) of the Criminal Procedure Act regarding Defendant C’s appeal, the appellate court shall notify the defense counsel of the receipt of the records of trial when the counsel has been appointed before the receipt of the records of trial. Thus, if the counsel has been appointed after the notification of the receipt of the records of trial to the defendant (see Supreme Court Order 65Mo34, Aug. 25, 1965, etc.). The same provision is applicable when the appellate court revokes the appointment of the defense counsel upon the appointment of the defendant and the defense counsel after the defendant appointed the counsel, and the appellate court received the notice of the receipt of the records of trial. In such case, the period for submitting the grounds for appeal shall be calculated from the date when the national defense counsel or the defendant received the records of trial (see, e.g., Supreme Court Decision 2006Do5547, Mar. 29, 2007). According to the records, the defendant C and the defense counsel received the notice of his/her appointment of defense counsel.

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