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(영문) 인천지방법원 2015.09.18 2015노2870
특수절도등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of 1 year and 2 months; imprisonment of 1 year and 1 year; confiscation) of the lower court is too unreasonable;

2. In light of the background and content of the instant crime, method and frequency of the instant crime, etc., the nature of the crime was extremely poor, the theft and defraudation was not considerably recovered from the victims, and no agreement was reached with the victims. Defendant A was sentenced to a suspended sentence of six months in Incheon District Court on June 19, 2013 for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex), and committed the instant crime during the suspended sentence of two years. The Defendants committed the instant crime during the suspended sentence of 30 days under detention due to the violation of the Act. In addition, the Defendants were not subject to a suspended sentence of 30 days due to the violation of the Act, and the attitude of prison life during the suspended sentence of the instant crime was bad, and the act of arranging sexual traffic harms the sound sexual culture and good morals by commercializing the women's sex, and there were no other social harm to the Defendants before and after the occurrence of the crime, and there was no unfair punishment against the Defendants.

3. The conclusion is that the defendants' appeal is with merit, so Article 364 of the Criminal Procedure Act.

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