성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 20 million won.
Defendant .
1. The summary of the grounds for appeal (e.g., imprisonment for six months, additional collection of KRW 8,025,00, Defendant B: imprisonment for six months, and additional collection of KRW 8,025,00) against the Defendants of the lower court is too unreasonable.
2. We examine ex officio the judgment on the grounds of appeal by Defendant A prior to the judgment on the grounds of appeal by Defendant A.
According to the evidence duly admitted and examined by the lower court, Defendant A was sentenced to a suspended sentence of three years on March 29, 2019 for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Gwangju District Court’s Netcheon Branch on August 30, 2018, and the judgment became final and conclusive on March 29, 2019. Meanwhile, Defendant A’s instant crime is recognized to have been committed from August 9, 2019 to November 15, 2019, which was after the date the said judgment became final and conclusive. Thus, the instant crime constitutes a case where a judgment cannot be simultaneously sentenced to the said violation of the Act on the Control of Narcotics, etc. (fence) for which the judgment became final and conclusive.
Nevertheless, the lower court rendered a sentence by applying Article 39(1) of the Criminal Act on the premise that the instant crime constitutes a concurrent crime under the latter part of Article 37 of the Act on the Control of Narcotics, Etc. (hereinafter “the Act”), thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine on latter concurrent crimes under Article 37 of the Criminal
Therefore, the part of the judgment of the court below against Defendant A could no longer be maintained.
3. The lower court determined the Defendant B’s grounds of appeal by taking into account the favorable and unfavorable circumstances to Defendant B, as seen above, the sentence against Defendant B was imposed.
In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.
In addition, the grounds for sentencing revealed in the proceedings of the instant case, such as Defendant B’s age, environment, background and result of the crime, and circumstances after the crime.