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(영문) 대전고등법원 2013.06.05 2013노59
특수강도등
Text

The judgment of the court below is reversed.

The first-year and nine months of imprisonment with prison labor for the crimes set forth in the first-class, second-class, and third-class of the judgment of the defendant.

Reasons

1. The sentencing of the court below [the sentence of three years and six months (the crime of subparagraph 1 (a, (b) and (c) at the time of the market), two years and six months (the crime of subparagraph 1-d, (e) and (2) at the time of the market], and the order to complete a treatment program for forty hours] is too unreasonable;

2. The judgment of the defendant forced the victims who take advantage of commercial sex acts, from the time when he solicits the victims who were aged and mentally disadvantaged, to engage in commercial sex acts for a long time, and acquired the price for the commercial sex acts. In addition, if the victims who take advantage of female juveniles who were engaged in commercial sex acts are forced to take advantage of the victims of commercial sex acts and take advantage of money and valuables from the convenience store operators, the crime committed is very poor in the nature of the crime.

In the past, the Defendant has been sentenced to a juvenile protective disposition or a fine due to larceny or assault, etc. on several occasions, and in particular, on August 26, 2011, the Daejeon District Court sentenced three years to a suspended sentence of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), which became final and conclusive on August 26, 201, and committed the same crime for a period of four months or less without any reflective nature despite the period of the suspended sentence. In addition, in light of the fact that the Defendant forcibly taken money and valuables from the aged juveniles and committed the crime, such as theft of high-priced cell phone devices, it is necessary to strictly punish the Defendant.

However, the defendant himself, as the age of the first half of the thousandth century, committed the crime of this case in a state where he was born and experienced in a bad family environment, and seems to have seriously reflected his mistake, and the crime of this case 1-A, 1-B, 3-A, etc. of the judgment, could have been adjudicated simultaneously with the crime of violation of the Punishment of Violences, etc. Act (ab) which became final and conclusive, and where the judgment of this case becomes final and conclusive, the suspension of execution for the crime of violation of the above Punishment of Violences, etc. Act (ably weapons, etc.) is invalidated, and the defendant is punished for two years together.

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