성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The prosecutor's appeal is dismissed.
1. The appellate court’s sentence against the Defendants (Defendant A: one year of imprisonment, three years of suspended sentence, 80 hours of community service order, 40 hours of lecture order for the prevention of sexual traffic, confiscation, additional collection 9420, 9420, 6 months of imprisonment, and 2 years of suspended sentence) is too unfasible and unreasonable.
2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) the various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment against the Defendants seems unfair; and (c) thus, the Prosecutor’s aforementioned assertion is
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 62-2 of the Criminal Act). However, the part on “Article 62-2 of the Criminal Act” of the 21st sentence of the judgment below is obvious that it is a clerical error in Article 21(2) and the main sentence of Article 21(3) of the Act on the Protection of Children from Sexual Abuse and Article 62-2 of the Criminal Act. Thus, it is correct ex officio in accordance with Article 25(1)
On the other hand, under Article 21(2) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the court below’s order was omitted when considering the various circumstances revealed by the records of this case under Article 25(1) of the Regulation on Criminal Procedure, since it appears that the above defendant did not impose an order to attend a lecture on the following grounds: (a) it is evident that the above defendant did not state that “the order to attend a lecture is not subject to the proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.”
In addition, since it is evident that the judgment of the court below omitted matters related to the registration of personal information at the end of the original judgment, it shall be added ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.