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(영문) 부산지방법원 2014.12.19 2014노3552

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant above.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service) of the original judgment is too unreasonable;

2. In full view of all the facts pertaining to the sentencing as shown in the records and arguments of this case, the judgment of the court below against the defendant is unreasonable, since the defendant's punishment against the defendant is recognized as inappropriate, since it is recognized that the defendant's punishment against the defendant is unfair, there is no record of criminal punishment, the circumstance and progress of the defendant's commission of the crime of this case, the role of the defendant in the crime of this case, profits therefrom, the balance with Co-defendant A of the court below, the defendant's age, occupation, and all other matters.

3. Accordingly, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is rendered after pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;