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(영문) 청주지방법원 2015.04.24 2015노37
사기등
Text

The judgment of the court below and the judgment of the court below are all reversed.

A defendant shall be punished by imprisonment for one year.

-the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the judgment of the court below of the second instance by the prosecutor (three months of imprisonment) is too unhued and unreasonable.

B. The punishment (one year of imprisonment, three months of imprisonment) of each of the judgment below by the defendant is too unreasonable.

2. Prior to the judgment on the ex officio decision and the judgment on the grounds for appeal by the prosecutor and the defendant, the judgment of the court below against the defendant was rendered separately, and the prosecutor filed an appeal against the judgment of the court of second instance against each of the judgment of the court below, and this court decided to hold the appeal jointly.

Thus, each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single punishment shall be sentenced in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below has already become unable to be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the following is again decided upon without examining each of the allegations on unfair sentencing by the prosecutor and the defendant.

[Discied Judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and the election of sexual traffic: The fraud of Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic: Selection of imprisonment with prison labor under Article 347 (1) of the Criminal Act (including each victim);

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment provided for in the crime of fraud against the F with the largest punishment)

3. Illegal consideration for the Defendant against the applicant for compensation under Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Dismissal of Application for Compensation Order, etc.

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