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(영문) 광주지방법원 2016.02.17 2015노2817
사기등
Text

The judgment below

Among them, it is about each crime of Nos. 2 through 5 (excluding Section 3-b) in the judgment of the court below against the defendant.

Reasons

1. The summary of the grounds for appeal (the crime No. 1 of the judgment of the court below: Imprisonment with prison labor for 6 months, and each crime of No. 2 through No. 5 of the judgment of the court below (other than No. 3-b. of the court below): Imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. The judgment of the court below is disadvantageous to the defendant, such as the defendant's act of committing a crime under paragraph (1) of the judgment of the court below which committed repeatedly the same kind of crime as the second to paragraph (5) of the judgment of the court below (excluding paragraph 3-b), while the defendant's act of committing a crime, such as the second to paragraph (5) (excluding paragraph 3-b) of the judgment of the court below, since he was released after he was under the prior action of suspended execution due to a violation of the Act on the Protection of Juveniles from Sexual Abuse (Rape, etc.) and a special larceny of the first head as stated in the judgment of the court below, but the defendant's mistake is recognized and against the defendant, while the defendant's act of committing a crime is against the judgment of the court below.

The victim F, D, and T agreed with the victim of the crime and the victim of the crime Nos. 3-1 of the judgment of the court below in the trial, and the victim of the crime Nos. 4 and 5 of the judgment of the court below agreed with R, W, AL, AJ, AM, N, and AO among the victims of the crime Nos. 4 and 5 of the judgment of the court below. In addition, when comprehensively considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual conduct, environment, etc., the part concerning each crime of Articles 2 through 5 (excluding 3-2 (b) of the judgment of the court below) of the judgment of the court below among the punishment of the court below is recognized to be unfair, and the remaining parts are not recognized to be unfair. Thus, the defendant's assertion is justified within the scope of recognition.

3. In conclusion, since the part of the defendant's appeal concerning each of the crimes of Articles 2 through 5 (excluding No. 3-2 (b)) of the decision of the court below among the defendant's appeal is well-grounded, it shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it shall be decided again after pleading as follows. Since the part concerning the crime of Article 1 of the decision of the court below is not justified, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act and it shall be decided as

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