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(영문) 부산고등법원 2016.07.14 2016노110
장기등이식에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant

A, B, D, and E shall be punished by imprisonment with prison labor for one year and two months, and Defendant C shall be punished by imprisonment with prison labor for ten months.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor’s 1) The court below found Defendant E as not guilty on the ground that the evidence submitted by the Prosecutor alone was insufficient to recognize that Defendant E conspired with Defendant A, B, C, and L for a long term human trafficking crime, such as the entries in the facts charged, although Defendant E was fully aware of the fact that Defendant E participated in the preliminary crime of human trafficking in the future. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendants (one year and six months of imprisonment for each of the Defendants, and one year and six months of imprisonment for each of the Defendant C, and one year and one year and one year of suspended execution for Defendant E, etc.) are deemed unfair and unfair.

B. The sentence imposed by the lower court on Defendant A, B, D, and C is too unreasonable.

2. Determination

A. We examine the determination of the unfair argument of sentencing by Defendant A, B, D, C, and prosecutor, and the following additional sentencing grounds are as follows: (a) the sentencing grounds indicated in the judgment of the court below are as follows; (b) the above Defendants are both starting the crime of this case when the above Defendants were in the trial; and (c) their errors are divided.

In light of all kinds of sentencing factors, including the fact that the above defendants are stated in the judgment of the court below and the fact that the victims of the crime of prospective human trafficking in the long term as indicated in the judgment of the court below (Provided, That in the case of defendants A, B, and D, it is difficult to be exempted from the sentence of punishment because of the degree of participation in each crime as stated in the judgment of the court below). Accordingly, the above defendants' assertion is reasonable, and the prosecutor's assertion against the above defendants is without merit.

(b).

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