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(영문) 대전고등법원 2016.08.19 2016노105
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact 1, the Defendant did not participate in the act of arranging sexual traffic on May 4, 2014 as indicated in the lower judgment.

2) On May 4, 2014, the Defendant did not have a sex relationship itself with K of the victim of the new wall, and on the premise that there was a sex relationship, the Defendant cannot be held liable for quasi-rape.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too heavy.

2. Determination

A. As to the first argument among the mistake of facts, the Defendant argued to the same effect as the argument in this part, and the lower court, as in K and L, and the Defendant directly engaged in the commercial sex acts, participated in the act of arranging the commercial sex acts.

Recognizing the fact that the defendant was involved in the act of arranging sexual traffic on May 4, 2014 as stated in the judgment below based on each legal statement of J, the defendant did not accept the above argument of the defendant.

Examining the evidence adopted and examined by the court below closely, each statement in K and L investigation agency related to this part is also consistent with each statement in the court of the court below. In particular, in the case of J, the police and the prosecutor's office continued to deny the act of arranging sexual traffic on May 4, 2014 as the defendant, and the prosecutor's office conducted an examination on the face of the defendant, and "5.4. low memory was known as a shotus, and I think that the investigation was conducted, and I think that the defendant was sentenced to punishment (the defendant Eul).

5.4. Only on the condition that the remaining shall be able to see a man such as a ditch.

However, the punishment has been in the same way, and there has been two hours after the birth of female friendlys.

By doing so, sing was going through a singing, and sing was in the singing room at the time of completion, and women singing out, getting on a taxi, and low sings sing in the low-sing house, and sing in the low-sing house.

The end memory was not first, and the investigation was conducted, and the punishment was made while the statement was made.

The end of the year was true.

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