성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.
2. According to the evidence duly adopted and examined by the court below, prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to eight months of imprisonment on November 2, 2017 for a crime of violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts) at the Suwon Fag Fagwon, and the judgment became final and conclusive on November 10, 2017. Thus, the crime of the judgment of the court below against the defendant and the violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (mediation, etc. of commercial sex acts) which became final and conclusive on November 10, 2017 are concurrent crimes under Article 37 of the Criminal Act, and the punishment for the crime of violation of the Act on the Punishment of Acts, such as brokerage, etc. of Commercial Sex Acts
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by the court and the summary of the evidence are "criminal facts" of the judgment below in the first head of the judgment below, which was sentenced to eight months in imprisonment with labor for a crime of violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, Etc. (Mediation of Commercial Sex Acts, etc.) at the source of guard methods on November 2, 2017.
“A previous conviction in the judgment of the court below” and “a summary of evidence” are as stated in each corresponding column of the court below, except for the addition of “a final conviction in the judgment of the court below (the Suwon District Court 2016 order 2866) and the text of the judgment of the court (the Suwon District Court 2016No. 5931) and the summary of the case (the Suwon District Court 2016 type No. 36016)” to the column of “a summary of evidence,” and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;