성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.
The above fine shall be imposed on the defendant.
1. The gist of the grounds for appeal by the defendant is that the court below's punishment (the imprisonment of six months and the fine of five thousand won, the confiscation of KRW 5,000) is too unreasonable.
2. The defendant's criminal records are disadvantageous to him/her.
However, there are no criminal records of the defendant, the period of the arrangement of commercial sex acts is relatively not more than that of the defendant (six days), the defendant is not much able to gain profits through the arrangement of commercial sex acts, and the defendant is too late to recognize all of the crimes of this case and reflects his depth.
In full view of all such circumstances as the motive and motive of the crime, the circumstances after the crime, the age, character and conduct, environment, and family relationship of the defendant, the sentence of the court below is somewhat heavy.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and the following is ruled again.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting an offense and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense;
1. Selection of sentence of imprisonment with prison labor, but the punishment of acts of arranging sexual traffic shall be concurrently imposed by a fine pursuant to Article 24 of the Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) and (2) of the Criminal Act (the execution of a suspended sentence shall be suspended only for imprisonment with prison labor, taking into account the favorable circumstances in paragraph (2));
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;