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(영문) 광주지방법원 2018.01.24 2017노2081
보조금관리에관한법률위반등
Text

The judgment below

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

Defendant

A Of the crimes of Nos. 1 and 2 in its holding, and the crimes of No. 3 in its holding.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant H (six months of imprisonment, two years of suspended execution, two years of protection observation) is too unreasonable.

B. Each sentence (i) sentenced by the lower court to the Defendants (Defendant B: 8 months of imprisonment, 2 years of probation, 120 hours of the community service order, 8 months of imprisonment, 2 years of probation, 120 hours of the community service order, 3 months of probation, 10 years of probation, 2 years of probation, 2 years of probation, 4 million won of the probation, 4 million won of the Defendant G, 5 Defendant H: 6 months of probation, 160 hours of the community service order, 7 months of the probation, 10 years of imprisonment, 2 years of probation, 2 years of probation, 120 hours of the community service order, 120 hours of the community service order) are too uneastable.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio as to Defendant A.

According to the records of this case, Defendant A was sentenced to imprisonment for one year with labor for a crime of violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts, by the Gwangju District Court on August 27, 2014, and such judgment became final and conclusive on September 4, 2014 (hereinafter “final and conclusive judgment of this case”) (hereinafter “the final and conclusive judgment of this case”).

Meanwhile, among crimes of Nos. 1 and 2 of the holding, and crimes of Nos. 5 through 8 of the annexed crimes among crimes of No. 3 of the holding, and crimes of violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (the brokerage, etc. of commercial sex acts) which become final and conclusive, shall be sentenced to punishment for crimes of Nos. 1 and 2 of the holding in consideration of the equity among the crimes of No. 3 of the holding, and crimes of No. 5 through No. 8 of the annexed crimes among the crimes of No. 3 of the judgment, since the crimes of No. 3 of the same Act are concurrent crimes after Article 37 of the Criminal Act, the judgment of the court below cannot be maintained.

B. According to the final and conclusive judgment of this case, each of the crimes listed in the Nos. 1 and 2, and the crimes listed in the No. 3 of the ruling and the crimes listed in the No. 5 through 8 of the List of Crimes.

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