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(영문) 수원지방법원 2019.08.16 2019노2955
청소년보호법위반
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Grounds for appeal;

A. The Defendant confirmed the identification card of the juvenile G around September 18, 2018 (the judgment of the court of first instance) and believed the horses of other daily activities lodging with the juvenile G and H and allowed G and H to accommodation, and there was no intention of the juvenile sexual intercourse.

B. Each sentence of unfair sentencing (the first instance judgment: imprisonment with prison labor for April and the second instance judgment: imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

However, even if there are such reasons for ex officio destruction, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. In the first instance court’s judgment on the assertion of mistake of facts, the Defendant also asserted the same as in the trial court, and the first instance court found the Defendant guilty of this part of the charges in full view of the circumstances acknowledged by the evidence duly adopted and investigated.

Examining the above judgment of the court of first instance by comparing it with records, the judgment of the court of first instance is just and acceptable, and the judgment of the court of first instance is not erroneous in the misconception of facts alleged by the defendant.

4. If so, the defendant's assertion of mistake of facts is without merit, but the judgment of the court below has the above reasons for ex officio reversal. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are criminal facts of the judgment below.

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