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(영문) 서울중앙지방법원 2012.12.28 2012노4038

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is an unreasonable sentencing. 2.2. The defendant's appeal was made in depth through a prison life of 2 months and did not stop repeating the crime. The operation period of the sexual traffic business establishment of this case is not relatively long, the defendant has no criminal record of a heavier punishment than the fine. The defendant suffers from hepatitis B, and the defendant suffers from hepatitis B, and the defendant's age, character and behavior, family character, family character, motive and circumstance of the crime, and circumstances before and after the crime are considered to be somewhat unreasonable (the prosecutor's's argument regarding the sentencing and warning of the first instance court cannot be accepted). 3. Accordingly, as the defendant's appeal is justifiable, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant is again decided as follows.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws on criminal facts, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (hereinafter referred to as the "Act on the Punishment of Acts of Arranging Sexual Traffic"), Article 20(1)2 of the Act on the Punishment of Acts of Arranging Sexual Traffic (hereinafter referred to as the "Act on the Punishment of Acts of Arranging Sexual Traffic"), Article 20(1)2 of the Act on the Punishment of Acts of Arranging Sexual Traffic (hereinafter referred to as the "Act on the Punishment of Acts of Arranging Sexual Traffic").