성매매알선등행위의처벌에관한법률위반(성매매알선등)방조등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
except that this shall not apply.
1. The sentence of the court below (Defendant A: imprisonment with prison labor for 10 months and Defendant B: imprisonment with prison labor for 6 months) is too unreasonable.
2. As pointed out by the lower court, the Defendants committed the crime with a large amount of social harm, and the Defendants committed the crime systematically through the Internet for a long time. Considering the fact that the nature of the crime is not good in light of the method of the crime, the Defendants need to be punished corresponding to the crime.
However, considering the attitude of the Defendants against the mistake, the degree of participation by the Defendants, the degree of punishment of other accomplices, and the degree of punishment of the Defendants, the age, sex, environment, family relationship, motive, and circumstances after the crime, the punishment imposed by the lower court is unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the following judgment is rendered after pleading.
Criminal facts
The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are as 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. The Defendants of relevant criminal facts: Article 20(2) and Article 20(1)2 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act (in combination, the point of advertisement at a sexual traffic business establishment), Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, and Articles 30 and 32(1) of the Criminal Act (in addition, each crime committed by the sequence of the daily list of crimes, aiding and abetting sexual traffic);
1. Articles 40 and 50 of the Criminal Code for each commercial competition [Article 40 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts by Type of Business, and the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts (the brokerage, etc. of commercial sex acts)] are between the crimes of aiding and abetting.