성매매알선등행위의처벌에관한법률위반(성매매알선등)방조등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment [2 months of imprisonment with prison labor for a crime of aiding and abetting a violation of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts in the holding, 8 months of imprisonment with prison labor for a crime of avoiding sexual traffic and a crime of violating the Juvenile Protection Act] is too unreasonable.
2. Before deciding on the grounds for appeal by the Defendant’s ex officio, the prosecutor applied for the amendment of the indictment with the purport of changing the part of the facts charged regarding the violation of the Act on the Punishment of Acts, including the Mediation, etc. of the Defendant’s Commercial Sex Acts (the brokerage, etc. of commercial sex acts) in the trial of the party, “A daily allowance was received from D and distributed the above leaflet from D,” from December 11, 2014 to July 1, 2015,” and since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts constituting a crime and evidence admitted by this court is as stated in the corresponding column of the judgment below, except for the part of the facts constituting a crime as indicated in the judgment of the court below, which read as follows: "The daily allowance was received from D and distributed the above leaflets as above," which read as "from December 11, 2014 to July 1, 2015, the daily allowance was distributed from D, and distributed the above leaflets as above," and thus, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 19(2)1 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., Article 32(1) of the Criminal Act and Article 151 of the Criminal Act concerning criminal facts, pertinent legal provisions regarding punishment, Article 19(2)1 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc.