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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 200,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds for appeal is as follows: (a) at the time of the instant case, D actually engaged in sexual traffic; (b) thus, the Defendant did not make a false report on a crime that
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.
2. Ex officio determination
A. The prosecutor changed the indictment at the trial of the case, “The Defendant sent a telephone to 112 on three occasions over a total of 112 occasions via a public telephone near the Songpa-gu Seoul Metropolitan Government, around April 26, 2015, around May 2, 2015, around May 2, 2015, and around 22:18, around 22:18 on the same day, the prosecutor falsely reported the instant facts charged to a public official who did not intend to prevent sexual traffic from running in the telecom.”
The judgment of the court below was unable to maintain as it is, since the amendment of the bill of amendment was requested to "," and the subject of the judgment was changed by this court.
B. According to the records in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to imprisonment with prison labor for six months on October 22, 2014, for the crime of violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (or brokerage, etc. of commercial sex acts) at the Suwon Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending Friending F.
The crime of this case and the crime for which the above judgment has become final shall be sentenced in consideration of the equity between the crime of this case and the crime of this case which became final and conclusive in accordance with Article 39(1) of the Criminal Act in relation to the crime of this case.
Therefore, the judgment of the court below is reversed.