성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding five million won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two months of imprisonment and fine of five million won, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the court below allowed C to make a false statement in order to prevent the expansion of investigation of the criminals after the detection of the crime of this case, and the criminal punishment is imposed six times after 2010, etc., but the defendant recognized the crime of this case, the defendant has no record of criminal punishment, the defendant has no record of criminal punishment, and profits generated from the criminal act of the same kind is relatively short, and in consideration of the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime of this case, etc., it is recognized that the punishment of the court below is somewhat unreasonable. Thus, the defendant's above assertion is reasonable, and the prosecutor's above assertion is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited 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 of Arranging Sexual Traffic concerning facts constituting an offense;
1. Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;