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(영문) 부산고등법원 2017.07.26 2017노170
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

[Defendant E and F] The part of the judgment of the court below against Defendant E and the part against Defendant F are reversed.

Reasons

1. The lower court dismissed the prosecution regarding the assault of Defendant F among the facts charged in the instant case against Defendant F and sentenced Defendant F guilty of the remainder of the facts charged against Defendant F.

Defendant

The F only appeal is filed against the guilty portion, and the prosecutor's appeal is not filed, and the dismissed part of the prosecution which was not appealed by the defendant F and the prosecutor is separated and confirmed as it is, the scope of trial against the defendant F is limited to the convicted part

2. Summary of reasons for appeal;

A. The punishment imposed by Defendant A (unfair sentencing) by the lower court (4 years of imprisonment and 120 hours of completion of sexual assault treatment programs) is too unreasonable.

B. Defendant B (1) Although there is no specific assertion about misunderstanding of the legal principles on the grounds of appeal submitted by the defense counsel of the Defendant by misunderstanding of the legal principles, the grounds of appeal are examined as follows.

(A) The court below's decision that recognized the defendant as a joint principal offender is erroneous in the misapprehension of legal principles as to the requirements for the establishment of a joint principal offender under the Criminal Act, although it is not a business "business" nor a defendant as a joint principal offender in light of the degree of participation in the crime.

(B) The lower judgment that did not reduce a self-denunciation even though the Defendant was able to commit a crime, is unlawful.

2) The punishment sentenced by the lower court (a three and a half years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

(c)

Defendant

C1) The lower court, which recognized the Defendant as a joint principal offender, was erroneous in misapprehending the legal doctrine regarding the requirements for the establishment of a joint principal offender under the Criminal Act, although the Defendant did not engage in the act of arranging each of the instant sexual traffic, but merely did not constitute a joint principal offender in light of the degree of participation in the crime.

2) Punishments sentenced by the lower court relating to unfair sentencing ( Imprisonment).

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