성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The seized Handphone ( Samsung SCH-W270) shall be confiscated.
1. Summary of grounds for appeal;
A. The sentence of the lower court (four months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. The Defendant is against the instant crime.
However, since the defendant was sentenced to a suspended sentence of imprisonment due to the same crime and again committed the crime in this case at the same place, it is not good that the crime has been committed.
The period of crime exceeds 6 months.
In addition, the crime of arranging sexual traffic, such as this case, is detrimental to the establishment of a sound sexual culture, and there is a need for punishment accordingly.
In addition, comprehensively taking into account all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is not unfair because it is too unreasonable, and is too unreasonable.
Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal is with merit, 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 without merit, but the defendant's appeal is identical to the prosecutor's appeal and the judgment of the court below is reversed based on the prosecutor's appeal, so the defendant'
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited 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, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the Act on the Punishment of Acts
1. Article 48 (1) 1 of the Criminal Act to be confiscated;