logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.06.11 2015노522
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

34 million won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal: The sentence of an unreasonable sentencing (the imprisonment of eight months and additional collection of thirty-four million won) by the lower court is too unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal of ex officio, the fact that the Defendant was sentenced to imprisonment on March 27, 2015 with labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter “Act on the Punishment of Commercial Sex Acts, Etc.”) and for a violation of the Medical Service Act (hereinafter “Act on the Punishment of Commercial Sex Acts, etc.”) at the Incheon District Court’s Branch Branch, on April 4, 2015, and the said judgment became final and conclusive.

Therefore, due to the conclusion of the above judgment, the crime of this case against the defendant and the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex), and the violation of the Medical Service Act have become concurrent crimes under the latter part of Article 37

Therefore, the judgment of the court below that did not indicate the "the first sentence of Article 37 and the first sentence of Article 39 (1) of the Criminal Act (the treatment of concurrent crimes)" in the application of the law is eventually impossible to escape from destruction.

3. According to the conclusion, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment is again rendered as follows.

Criminal facts

The facts constituting the crime acknowledged by this court are all identical to the corresponding column of the judgment below, except for the revision of all of the facts constituting the crime (one to six (16) through two (3) of the original judgment) as follows. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

On June 3, 2009, the defendant was sentenced to 10 months in imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence), and on January 13, 2010, on October 22, 2011 while he/she was serving in the correctional institution in the Gyeongbuk District Court, the defendant was sentenced to 8 months in imprisonment for a crime of fraud at the same court on January 13, 2010. On March 21, 2013, the execution of the sentence was terminated on October 22, 201. On March 21, 2013, the Incheon District Court sentenced the violation of the Act on the Control of Narcotics, etc. (f

on March 27, 2015.

arrow