성매매알선등행위의처벌에관한법률위반(성매매알선등)등
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year and four months of imprisonment, two years of suspended execution, probation, confiscation) is too unreasonable.
(1) The appellate court's defense counsel's defense counsel asserted that "the crime before March 2018 is constituted as joint principal offenders" from the defense counsel's opinion on September 23, 2019, which was submitted after the deadline for filing the appellate brief. However, the appellate court's judgment covers the grounds for appeal included in the appellate brief within 20 days from the date on which the appellate court's appellate brief was entered in the petition of appeal or received the notification of the appellate court's receipt of the notification of the appellate court's receipt of the appellate brief, and it cannot be deemed a legitimate ground for appeal, and it does not constitute a ground for ex officio examination on the records. Therefore,
Defendant
B The punishment sentenced by the court below (two months of imprisonment, two years of suspended execution, confiscation) is too unreasonable.
C. Defendant C1) misunderstanding of facts or misunderstanding of legal principles (related to the crime of aiding and abetting a person to commit an offence) is an investigative agency’s duty. As such, even if Defendant C prepared a lease contract in the name of Defendant C and received criminal proceeds in the name of passbook B, such act alone cannot be deemed as making it difficult to detect or arrest an occasional agency. Nevertheless, the lower court convicted Defendant C of the part of aiding and abetting a person to commit an offence against the Defendant C, which is erroneous in misunderstanding of facts or misunderstanding of legal principles. (2) The lower court’s sentence (one year and six months of imprisonment, 1,498, 268, 802) sentenced by the lower court of unfair sentencing is too unreasonable.
Defendant
D The punishment sentenced by the lower court (the penalty of KRW 15 million for imprisonment and the fine of KRW 15 million for a year, the suspended sentence of imprisonment for a term of two years, probation, community service, 80 hours, 140,000 for a term of eight hours) is too unreasonable.
B. Defendant A, who was sentenced by the lower court: Imprisonment with prison labor for one year and four months, two years of probation, probation, confiscation, and Defendant B; imprisonment for eight months.