beta
Text
The Defendants’ appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant C (misunderstanding of the legal doctrine) was sentenced to a suspended sentence of two years on January 19, 2018 to August 27, 2018 with respect to the crime engaging in commercial sex acts by leasing the Seo-gu Officetel from early May 2017 to October 19, 2017 (hereinafter “first crime”), and the judgment became final and conclusive on January 27, 2018. While the judgment and the crime of this case were related to the same kind of crime for which the judgment became final and conclusive, the judgment of acquittal should be pronounced, and thus, the judgment of conviction is erroneous in the misapprehension of legal principles.
B. The Defendants’ punishment (unfair sentencing) of the lower court (the penalty of KRW 700,000,000,000,000 for a year one year and ten million, and a fine of KRW 49.1 million, Defendant C: imprisonment with prison labor for one year, Defendant E: imprisonment with prison labor for one year and six months, and fine of KRW 700,000,000,000) is too unreasonable.
2. Determination
A. In a case where multiple acts or acts falling under the same name of the crime alleged in the misapprehension of the legal principles of Defendant C continue to be committed for a certain period under the single and continuous criminal intent, and the legal interests and interests thereby are identical, each act should be punished by a single comprehensive crime among those committed, but where the identity and continuity of a criminal intent are not recognized or the method of committing the crime is not the same, each act constitutes substantive concurrent crimes (see, e.g., Supreme Court Decision 2005Do4051, Sept. 30, 2005). According to the evidence duly adopted and examined by the court below, the defendant committed commercial sex acts under the lease Nos. 1204, 1605 and 1608 of the Seo-gu Seoul Metropolitan City CVteltel and "CB" with the trade name "CA" and "CB", which newly committed commercial sex acts on October 19, 2017, Gwangju-gu Office M421, 623, 703N103 and 17
It shall be viewed.