성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for three months.
, however, the defendant.
1. The summary of the reasons for appeal - The sentence of the lower court (one and half years of imprisonment for Defendant A, confiscation, additional collection, and three months of imprisonment for Defendant D) is too serious.
2. Determination of the act of arranging sexual traffic and the act of sexual traffic are considered to be disadvantageous to the Defendants, such as the fact that social harm and injury, such as harming the sound sexual culture and good morals by commercializing women’s sex, requires strict punishment. The Defendants had the history of criminal punishment for the same kind of crime, and Defendant A was sentenced to criminal punishment.
However, there is no record of crime that exceeds the fine against Defendant D, Defendant D is in custody for three months, and his mistake is de facto divided. The Defendants’ period of crime is short, and the profits derived from the instant crime are not significant, are favorable to the Defendants.
In addition, considering the following factors: the Defendants’ age, sex, environment, the process and motive leading up to the instant crime, and the circumstances before and after the instant crime, the lower court’s punishment is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is decided as follows through a new theory of change.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. and selection of imprisonment;
B. Defendant D: Articles 21(1) and 21(1) of the Act on the Punishment, etc. of Acts, including brokerage of sexual traffic, shall be punished by imprisonment.