성매매알선등행위의처벌에관한법률위반(성매매알선등)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 2’s punishment (the imprisonment of five months, two years of probation, two years of probation, protection observation, community service order 120 hours, 24 hours of compliance driving lectures, 40 hours of alcohol treatment lectures) is too unreasonable.
B. The first sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, the community service order 120 hours, the lecture order for the prevention of sexual traffic, and 40 hours of lectures for the prevention of sexual traffic) is too uneasible and unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the first and second court's judgment against the defendant are pronounced, and the defendant filed an appeal against the second court's judgment against the defendant, and this court decided to hold concurrent hearings against the second court's appeal. The first and second court's decision against the defendant was decided to hold concurrent hearings against the second court's appeal. Since each crime of the first and second court's decision against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 19(2)1 of the Act on the Punishment, etc. of Acts, referring to criminal facts, and Article 19(2)9 of the Act on the Punishment, etc. of Acts, referring to arranging sexual traffic for the business of arranging sexual traffic (in addition, including the fact of arranging sexual traffic for the business of arranging sexual traffic), Article 94 Subparag. 9 of the Immigration Control Act, and Article 18(3) of the Immigration Control Act (in the event that a foreigner without the status of sojourn eligible for employment is employed,