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(영문) 부산고등법원 2013.11.28 2013노265
특정범죄가중처벌등에관한법률위반(향정)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for seven years.

The seized Mtampers 10.0

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below that found guilty of each of the following facts charged, there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

1) Of the judgment of the court below of first instance, the Defendant did not administer philophones, and did not notify the Defendant of philophones to T, W, and X. The Defendant’s visphones did not administer philophones. The Defendant’s visphones are almost real names, and the visphones are very different from things, so it is difficult to administer philophones or administer philoscops by means of detecting bloods, and the Defendant made false statements for the purpose of punishing the Defendant in connection with the above T, W, X with a third party. However, there is no credibility in the Defendant’s statement in the judgment of first instance on the ground that the Defendant committed the above T, W, X sexual traffic. However, at the time, the Defendant did not know that the Defendant was a juvenile.

3. Of the lower judgment on February 29, 2012, the Defendant did not administer philophones or deliver philophones, and did not allow E to drink philophones.

In the court of the court below to the effect that there was no philophone training reaction to E, and that F, at the time of E, made a continuous question by an investigative agency, was an exaggerationd statement, there is no credibility in the statement by destroying the statement in the court of the court below.

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 review on the defendant's ex officio determination, the court of first instance sentenced 7 years of imprisonment in the first instance case, and 3 years of imprisonment in the second instance case, respectively. The defendant filed an appeal against the judgment of the court of first instance, respectively, and the court of second instance decided to jointly examine each of the appeals cases.

The crime of each judgment of the court below against the defendant shall be the Criminal Act.

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