성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment below
The part against the Defendants is reversed.
[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year
(b).
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable that the punishment (a year of imprisonment, confiscation, confiscation, 1,284, 141, 943 won and collection, Defendant B: imprisonment for 8 months, confiscation, Defendant C: imprisonment for 4 months, and confiscation) imposed by the court below is too unreasonable.
2. The judgment of the court below properly stated that the defendants are disadvantageous to them.
However, the Defendants are both aware of and against all crimes, and are detained for a short period of time, and the importance of the crimes is at least closed and it is shown that they do not stop from committing the second crimes.
Defendant
In the case of A, there are no criminal records of the same kind, and there are circumstances that led to the crime, which support two infants by negligence.
In addition, considering all of the sentencing conditions stated in the records of this case, including the age, sex, family relation, motive and background of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable.
3. The part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is well-grounded, and the following is again decided after pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts;
A. Defendant A and B: Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic, collectively, Article 30 of the Criminal Act
B. Defendant C: Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, comprehensively,
1. Selection of each sentence of imprisonment;
1. Defendant C to be mitigated: Article 32(2) and Article 55(1)3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act for the suspension of execution;
1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) 1 of the Criminal Act;
1. Defendant A: Mediation, etc. of sexual traffic;