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(영문) 서울북부지방법원 2016.08.25 2016노632
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below on the summary of the reasons for appeal (ten months of imprisonment with prison labor for the crimes No. 1 in the list of crimes as indicated in the judgment below) is too unreasonable.

2. As to the reasons for appeal, the defendant committed each of the crimes in this case, and the crime No. 1 of the annexed list of crimes in the judgment of the court below is a concurrent crime under Article 37 of the Criminal Act between the crime of violation of the Act on the Punishment of Acts, such as Arrangement, etc. of Commercial Sex Acts (mediation, etc. of commercial sex acts) in which the judgment of the court below became final and conclusive and the crime of violation of the Act on the Punishment of Acts, such as brokerage, etc. of Commercial Sex Acts (mediation, etc. of commercial sex acts) in the judgment of the court below, which should be considered

On the other hand, the defendant has been punished by a fine twice for the same crime, and on June 12, 2015, a violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts, which was sentenced to the suspension of execution on June 20, 2015, which became final and conclusive on June 20, and was sentenced to the suspension of execution on June 20, 2015, the defendant committed the crimes listed in the attached Table 2 through 5 in the judgment of the court below, which was not agreed with the victims, and other various circumstances that are the conditions for the sentencing specified in the records and arguments, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and result after the crime, are equally examined, and the sentencing of the court below is determined within a reasonable and appropriate scope, and it is not determined as unfair due to excessive and excessive reason.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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