성매매알선등행위의처벌에관한법률위반(성매매알선등)
1. The part of the judgment of the court below against the Defendants A and C is reversed.
Defendants shall be sentenced to four months of imprisonment.
1. Summary of grounds for appeal;
A. The punishment of Defendant A (two years of suspended execution in April, probation, and community service hours in 80 hours) of the lower court is too unreasonable.
B. Defendant B (1) Since there was no fact that the Defendant committed a sexual intercourse with I or took the face of I, the lower court erred by misapprehending the facts. (2) The lower court’s sentence of unreasonable sentencing (3 million won of fine) is too unreasonable.
C. Defendant C1 did not introduce I into H entertainment tavern and received 40,000 won as a consideration therefor. Thus, the lower court erred by misapprehending the facts. 2) The lower court’s sentence of unfair sentencing (2 years of suspended execution in April, and 80 hours of probation, community service, etc.) is too unreasonable.
2. The defendant A is only "the defendant" in this paragraph.
The defendant B and the defendant C also stated in the latter part only as the "defendant" in the corresponding paragraph.
In light of the Defendant’s erroneous judgment on the assertion of unfair sentencing, and the fact that there is no same criminal record, the frequency of sexual traffic mediation is only once, and the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed to be unfair on the ground that the Defendant’s allegation is reasonable, since it is recognized that the Defendant’s punishment is unreasonable.
3. Judgment on Defendant B’s assertion
A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, I made a concrete statement that “I made a sexual intercourse with a male guest (Defendant)” at an investigative agency, “I made a forced male customer’s appearance in the process and forced him to go against his face,” and ② Defendant A received KRW 300,000 from the Defendant on June 1, 2012, and received I sexual traffic with I.