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(영문) 부산고등법원 2016.12.22 2016노567
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. In light of the psychological suppression status of the victim at the time of the crime of forced sexual traffic and the victim's psychological suppression status at the time of the crime of forced sexual traffic, the relation between the defendants and the victim, and the relation between the victim, etc., which are acknowledged by the prosecutor's evidence submitted by the prosecutor, the court below found the defendants not guilty of the primary charges on the ground that the crime of forced sexual traffic in the judgment of the court below was committed by multiple force. However, the court below found the defendants not guilty of the primary charges on the ground that it is difficult to see that the defendants forced sexual traffic by showing multiple power. The court below erred by misapprehending the legal principles on Article 18 (3) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., or by misapprehending the legal principles on Article 18 (2) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic: Imprisonment with prison labor for a maximum of 1 year and 6 years, completion of sexual assault program and 40 hours, completion of confiscation, and collection of additional collection for 10 years and 20 years.

B. The punishment sentenced by the lower court against Defendant A is too unreasonable.

2. Determination

A. In light of the records, prior to the judgment on the grounds for appeal against Defendant A and the grounds for appeal against Defendant A by the ex officio judgment prosecutor, Defendant A, Qins, at the time when the judgment of the lower court was rendered ( August 12, 2016), constitutes “juvenile” as provided in Article 2 of the Juvenile Act (a person under the age of 19).

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