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(영문) 서울중앙지방법원 2016.02.17 2015노4549

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine of twenty-five million won.

3. The defendant does not pay a fine;

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because the lower court’s sentence is too unreasonable.

2. The instant crime was committed during the period of repeated crimes. However, the instant crime was committed by the Defendant by leasing one office of officetels only, and the Defendant committed the instant crime, which is limited to the lapse of the period, and the Defendant’s mistake in depth through the life of detention for a considerable period of time after the commission of the crime, and the Defendant would not repeat the said crime again in the future.

There are many things.

In addition, considering the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime, the lower court’s punishment is deemed to be excessive and unfair.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading.

The facts of crimes and the summary of evidence recognized by the court are all as stated in the judgment of the court below, and 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 of Arranging Sexual Traffic; Article 30 of the Criminal Act; Selection of a fine (a favorable circumstance incurred in the above grounds for reversal) concerning the relevant criminal facts; Article 19 (2) 1 of the Act on the Punishment of Acts

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.