성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
No. 1 of the seized evidence shall be confiscated.
1. The decision of the court below on the gist of the grounds of appeal (the 3 years of suspended sentence for one year of imprisonment, confiscation and collection 31.5 million won) is deemed to be too unfeasible and unfair.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the judgment of the court below can no longer be maintained as the following grounds for reversal are as follows.
① The crime of the 2015 Highest 3958 case, which was decided in the original judgment, is an aiding and abetting offender, and must be punished within the scope of the term of punishment, which was required to be mitigated pursuant to Article 32(2) of the Criminal Act. However, the lower court’s judgment erred by omitting aiding and abetting mitigation, and determined the applicable sentence by omitting it.
② According to records, the Defendant was sentenced to seven months of imprisonment with labor for a violation of the Act on the Punishment, etc. of Acts, such as sexual traffic, at the Incheon District Court on December 23, 2015, and such judgment became final and conclusive on December 31, 2015.
However, since each of the instant offenses and the instant offenses against the Defendant, which became final and conclusive, are concurrent offenses by the latter part of Article 37 of the Criminal Act, the punishment shall be determined by taking into account the equity between the cases where the judgment is to be rendered at the same time pursuant to Article 39(1)
Nevertheless, the lower court omitted this.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's improper assertion of sentencing, on the grounds that there are grounds for reversal of authority above.
Criminal facts
On December 23, 2015, the summary of the facts charged and evidence recognized by the court was sentenced to seven months of imprisonment by the Incheon District Court for a violation of the Act on the Punishment of Acts, such as Intermediation of Commercial Sex Acts (remediation of commercial sex acts), and the judgment was finalized on December 31, 2015.
"........." is added to "1.. delivery (the Incheon District Court 2015 High Court 2015 High Court 5019 High Court 2015 High Court 2019 High Court 2019 High Court and integrated case search)" as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act