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(영문) 대전지방법원 2013.04.18 2012노2630
사기등
Text

Of the first judgment, the part concerning Defendant B and the second judgment shall be reversed in all.

Defendant

B shall be five years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A (one year and six months of imprisonment) by the lower court is too unreasonable.

B. Defendant B1) misunderstanding of facts (No. 2013No578) (1) with regard to the violation of the Juvenile Protection Act, with regard to the fact that M, W, and CO was against the Juvenile Protection Act, the Defendant was unaware of the Defendant’s age, and the Defendant did not act as a broker for sexual traffic, and the Defendant did not act as a broker for sexual traffic, ③ in relation to the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of Sexual Traffic, the Defendant did not employ N or allow N to act as a broker for sexual traffic, and ④ in relation to the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), the Defendant did not use a deadly weapon. Accordingly, the judgment of the court below convicting the Defendant of this part of the facts charged, which affected the conclusion of the judgment, is unreasonable.

C. The sentence of Defendant E (one year of imprisonment) by the lower court is too unreasonable.

The prosecutor's sentence of the lower court against Defendant A, B, and D (the same as the above, Defendant D: one year and six months of imprisonment, three years of suspended execution, three million won of fine, three years of probation, probation, social service, 80 hours of imprisonment) is too uneasable and unfair.

2. Determination

A. Although there are circumstances, such as the confession and rebuttal of each of the crimes of this case by Defendant A and the prosecutor, and the payment of at least KRW 50 million at the original trial and agreement with most victims, the above Defendant committed the crime of this case in collusion with the remaining Defendants, committed the crime of this case during the repeated crime period, committed the crime of this case, committed the crime of this case even during the repeated crime, and committed the crime of this case against Defendant E even during the crime, and committed other crimes of this case by the above Defendant.

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