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(영문) 수원지방법원 2016.11.24 2016노4497
청소년보호법위반등
Text

The part against Defendant A of the first and second original judgments shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and ten months.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A and his defense counsel have reached the trial for the first time, and all of the crimes are recognized as being committed, and that Defendant A gave birth to Defendant A’s spouse who reported the instant case, and complained of Defendant A’s prior wife, and that Defendant A committed the instant crime even though Defendant A committed the instant crime due to his difficulty in living, it is not much beneficial to the crime, it is unfair for the lower court to have sentenced Defendant A to imprisonment with prison labor for 1 year and 6 months (the first judgment) and imprisonment for 4 months (the second judgment).

B. (1) The crime of this case committed by Defendant A was committed by Defendant A without being registered with the competent authority for about one year and three months, and it is not good that the crime of this case was committed by: (a) Defendant A employed juvenile M and assisted Defendant A to commit an act of attracting visitors; and (b) Defendant A engaged in a business without obtaining a license for a designated-lane; and (c) Defendant A was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on November 8, 2013 and committed each of the crimes of this case during the period of repeated crime; (b) in light of the fact that Defendant A committed each of the crimes of this case in the main prison on May 21, 2014 after having been sentenced to one year of imprisonment with prison labor at the Incheon District Court for special larceny, etc. and completed the execution of the sentence and committed each of the crimes during the period of repeated crime, each

(2) In light of the fact that the crime of this case committed by Defendant M is a perjury for Defendant M, and there is a need to strictly punish Defendant M as a crime that impairs the trust in the national judicial system by impairing the discovery of substantial truth, etc., the sentence of the lower court that sentenced Defendant M to a fine of KRW 3,00,000 (the second judgment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by authority (Defendant A), the first and second judgments against Defendant A were rendered, respectively, and the Defendant A and the Prosecutor appealed against the lower judgment.

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