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(영문) 대구지방법원 2019.07.12 2018노4931
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

1. All the judgment below is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for two years and by imprisonment for ten months.

3.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) With respect to the special injury part of the facts charged in the judgment of the court below of the second instance, the Defendant did not have inflicted injury upon the victim due to an illness. Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts. 2) Each sentence (the judgment of the court of first instance: imprisonment of 1 year and 3 months, and imprisonment of 1 year and 2 year: 1 year) sentenced by the court of

(In relation to the judgment of the court of first instance, the defectiveness and the argument of mental disability has been withdrawn).

Defendant

B The punishment sentenced by the lower court (the first instance judgment: one year of imprisonment) is too unreasonable.

2. The Defendant, ex officio, filed an appeal against the lower judgment and the lower judgment of No. 1 and 2.

In addition, the trial court decided to combine each of the above appeals cases with one another.

As long as the facts constituting the crime of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be judged simultaneously and sentenced to a single punishment, so the judgment of the court below cannot be maintained further.

3. The judgment on Defendant B is recognized that the Defendant arranged commercial sex acts while living together with Defendant B, who was a woman of 15 years of age, and acquired and consumed the price for the commercial sex acts, and that the nature of the crime is very bad, and that the degree of the Defendant’s participation in the crime is significant.

However, it is recognized that the crime of this case and the crime of this case have been 19 years of age at the time of the crime of this case, that the court received and agreed to receive a letter from the above D, that the defendant was detained in this case on December 7, 2018, and had seven-month period of living under detention, and that the defendant was sentenced to six months of imprisonment due to fraud, etc. on October 26, 2018. It is also recognized that the crime of this case and the crime of this case should be considered at the same time in relation to latter concurrent crimes of Article 37 of the Criminal Act.

. Other.

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