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(영문) 서울중앙지방법원 2016.01.15 2015노4328

공갈등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because the lower court’s sentence is too unreasonable.

2. The crime of this case is highly poor in light of the nature and circumstances of the crime as a matter of arranging sexual traffic over six occasions, and embezzlement or misappropriation of the amount of money for men who purchased sexual intercourse, which was known in the course of the crime.

However, the defendant reflects his mistake in depth through confinement for more than seven months, and the above victim does not want the punishment of the defendant by agreement with the victim M of the embezzlement crime, and he received a letter from G and I, the victims of the crime to be committed during the trial.

In addition, considering the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime, the lower court’s punishment is somewhat unreasonable.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading.

The facts of crimes and the summary of evidence recognized by the court are all as stated in the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the occupation of brokerage business for commercial sex acts), Article 355(1) (the occupation of embezzlement), and Article 350(1) (the occupation of conflicts) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances incurred in the grounds for reversal);

1. The community service order under Article 62-2 of the Criminal Act;

1. Calculation of the amount additionally collected under Article 25 of the Act on the Punishment of Acts, such as the Mediation, etc. of Additional Collection - The introduction fee that the defendant intends to arrange sexual traffic women to I to the first policeman on September 2014.