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(영문) 부산고등법원 2013.07.10 2013노60
특정범죄가중처벌등에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

The seized 0.3gopon (No. 1);

Reasons

1. It is unfair that the punishment sentenced by the court below (No. 1: imprisonment of the court below, No. 5 years, and No. 2: imprisonment of the court below) is too unreasonable.

2. Prior to the judgment on the above grounds for appeal by the defendant ex officio, the above court below rendered a judgment of conviction on each of the above defendants after completing a separate hearing on the defendant, and all of the above judgment of the court below was appealed against the defendant, and this court decided to hold concurrent hearings on the above cases. Each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and all of the offenses against the defendant should be sentenced to a single sentence within the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. According to the conclusion, the judgment of the court of first and second instance on the grounds of ex officio reversal as seen above, without examining the Defendant’s assertion of unfair sentencing, the judgment of the court below is in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided through pleading.

Criminal facts

On September 28, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on September 28, 201, and completed the execution of the said sentence in the previous prison on November 2, 2011.

The defendant is not a person handling narcotics.

[2013No60]

1. On July 2012, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.), committed an act of purchasing juveniles’ sexual intercourse with the Defendant E (here 16 years of age) from the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s Defendant’s sexual intercourse with the Defendant’s Defendant’s 1,350,000 won in return.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Narcotics Control Act, and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. The Defendant committed on August 15, 2012.

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