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(영문) 인천지방법원 2012.11.16 2012노1862
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The part against Defendant A in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (the case of the second instance judgment) and Defendant A introduced Ma to O, and recognized that Defendant A had contacted Ma and had it go to the site of the case. However, it did not deliver Ma to P, etc. for the purpose of committing the crime of this case, but rather did not know that P was likely to have known at the time, Defendant A was involved in the crime of this case, even though the site of this case, Defendant A did not know that P was likely to have known that it was likely at the time, the court below convicted Defendant A was involved in the crime of this case by misunderstanding of the legal principles and misunderstanding of facts (the case of the second instance judgment) (the case of the second instance judgment) (the act of Defendant A was merely an aiding and abetting, not a joint principal offender of the crime of robbery, and even though it cannot be punished by aiding and abetting the robbery preliminary offense under the current law, it erred by misapprehending the legal principles as to the accomplice of robbery preliminary conspiracy, thereby affecting the conclusion of the judgment.

3) In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence against Defendant A (the first instance judgment case: the imprisonment of October, the additional collection of KRW 6240,00,000: the imprisonment of October, and the second instance judgment case: the imprisonment of October: the suspension of execution of execution of the two years) is too unreasonable. (B) In light of the various sentencing conditions in the instant case, the prosecutor (the second instance judgment case) of the lower court against the Defendants in light of the various sentencing conditions in the instant case, the sentence of the lower court against

2. Determination

A. Prior to the judgment on the grounds for appeal by Defendant A ex officio, prior to the judgment on the grounds for appeal by Defendant A, Defendant A filed an appeal against each judgment of the court below, and the court of the court of the original instance decided to concurrently examine each of the above appeals cases. The crime of each of the judgment of the court below against Defendant A is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, each of the judgment of the court below against

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