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(영문) 광주고등법원 2016.01.14 2015노432
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of three years and six months.

(b) the defendant;

Reasons

1. The summary of the reasons for appeal (No. 1: imprisonment with prison labor for a maximum of 4 years, 3 years and 6 months, 2 months: imprisonment with prison labor for a maximum of 10 months and 6 months) is too unreasonable.

2. The judgment of the court below and the judgment of the court below of first and second level on the defendant's ex officio judgment based on the consolidated proceedings are sentenced to each of the judgment of the court below, and the defendant filed an appeal against both the judgment of the court below and the judgment of the court below. The court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes of the judgment of the court of first and second level against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as those stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Articles 288(2) and 30 of the Criminal Act regarding the selection of punishment (the capture of sexual traffic), Articles 2(2) and 2(1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the point of joint confinement) Article 14(2) and 1 of the Act on the Protection of Children and Juveniles from Sexual Abuse, Article 30 of the Criminal Act (including the fact of acquisition of consideration after coercion of sexual traffic against children and juveniles), Article 331(2) and 331(1) of the Criminal Act (including special larceny), Article 32(2) and (1), Article 342 of the Criminal Act, Article 342 (1) and 2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, Article 14(2) and (1)1 of the Act on the Punishment of Violences, Etc. (the imposition of property under Article 6(1) of the Criminal Act, etc.

1. Articles 2 and 60, Section 2 of the Juvenile Act, which are legally mitigated;

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