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(영문) 대전지방법원 2020.08.28 2020노1077

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (ten months of imprisonment, order to complete a program, or order of employment restriction for three years) is too unhued and unreasonable.

B. The above sentence of the court below is too unreasonable.

2. In light of the fact that the court below, as stated in the grounds for sentencing unfavorable to the defendant, the crime of this case in light of the content of the crime of this case and the object of the act of arranging sexual traffic as well as the nature of the act of arranging sexual traffic, and the guardian has not yet received a letter from the victim, and the guardian has applied for strict punishment against the defendant, it is necessary to punish the defendant with strict punishment corresponding to his responsibility.

However, in light of the following factors: (a) the Defendant committed the instant crime with no criminal history at all; (b) committed the instant crime against his/her wrongness by committing a prison life in prison for a period of four months; and (c) did not seem to have been strongly recommended to engage in sexual traffic; and (d) the Defendant’s family relationship and other social ties are deemed to have been publicly announced relatively, such as the Defendant’s family relationship, and all of the sentencing conditions indicated in the record, such as the Defendant’s age, occupation, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime,

It is too unreasonable rather than that.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following decision shall be rendered after pleading, but the prosecutor's appeal shall not be dismissed as long as the judgment

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;