성매매알선등행위의처벌에관한법률위반(성매매알선등)
Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year and .
1. Summary of grounds for appeal;
A. The Defendants’ first and second core sentences are too heavy.
B. The first core sentence against the prosecutor Defendants is too minor.
2. The judgment of the court below in the first and second instances against Defendant A, each of which was filed by Defendant A, and the appeal was filed by Defendant A. In the first instance trial, they were consolidatedly examined.
However, the above judgment of the court below against Defendant A is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, each of the above judgment below cannot be maintained as it is.
However, there are such reasons for ex officio reversal.
Even if the defendant B's improper assertion of sentencing and the prosecutor's improper argument of sentencing against the defendant B are still subject to the judgment of this court, this paper examines this issue.
3. In full view of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record by the first instance court’s judgment as to Defendant B and the prosecutor’s improper assertion of sentencing against Defendant B, the lower court’s sentencing of Defendant B is too heavy or unreasonable.
4. The part of the judgment of the court below of first instance regarding Defendant A and the judgment of the court below of second instance on the ground that there is a ground for reversal ex officio as above, all of them are reversed without examining each of the unfair arguments of sentencing by Defendant A and the prosecutor, and the following judgment is delivered through pleadings. The appeal by Defendant B and the prosecutor against Defendant B are all dismissed.
[Judgment to be used again (as to Defendant A)] The part against Defendant A and the corresponding column of the original judgment of the first instance judgment of each corresponding column of the Criminal facts and the summary of evidence are as stated in each corresponding column of the original judgment of the second instance judgment.
Application of Statutes
1. Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning criminal facts, Article 19(2)1 of the same Act, Article 30 of the Criminal Act (the point of arranging sexual traffic related to the judgment of the court of first instance), and the Punishment of Acts of Arranging Sexual Traffic, etc.