성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. According to the records of ex officio determination, the Defendant, at the Seoul Eastern District Court on November 29, 2019, can be found to have been sentenced to imprisonment for 8 months as a crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and 2 years as a suspended sentence, and probation on December 7, 2019.
Therefore, the Defendant’s crime of this case and the crime of violation of the Punishment of Arrangement of Commercial Sex Acts, etc. Act are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined by taking account of equity with the case where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). Thus, the lower judgment was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
[Grounds for the judgment of multiple court] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are identical to the corresponding column of the judgment of the court below in addition to adding "two years after suspension of execution is imposed in August and the judgment became final and conclusive on December 7, 2019 after being sentenced to probation at the Seoul Eastern District Court on November 29, 2019 as a crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Good Practices, etc.)" to the first head of the criminal facts. Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;
1. The crimes of arranging sexual traffic for the reasons of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes are socially accepted, such as impairing the sound sexual morals by commercializing the sex.