성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.
2. The defendant has arranged commercial sex acts by leasing several rooms to arrange commercial sex acts. In light of the period and scale of the business, the defendant's liability for the crime is not against the law.
In addition, the defendant has a number of criminal records including criminal records of suspended execution due to the crime of different types.
However, in full view of the fact that the defendant's mistake is recognized, that there is no criminal conviction for the defendant, that the family member of the defendant wants to take the defendant's preference against the defendant, and that the social ties of the defendant seems clear, and all the sentencing conditions of the defendant in this case, such as the defendant's age, character and conduct, motive and attitude of the crime, and circumstances after the crime, are too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances in determining the grounds for appeal above);
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. Determination of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act as to the provisional payment order shall be based on the same reasons as the order, as seen in the judgment on the grounds for appeal.