성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The office of the High Prosecutors' Office that has been seized.
1. Summary of the grounds for appeal: Sentencing (the original court shall be punished by imprisonment with prison labor for a year and two months, confiscation, and collection);
2. Determination is based on the following circumstances: (a) the process of the instant crime and circumstances after the instant crime; and (b) the Defendant committed a second offense without awareness of the crime even after the control, etc.; and (c)
However, considering the fact that the defendant led to the crime of this case and the fact that there was no criminal record of the same kind, etc. in favor of the defendant, and taking into account other factors of sentencing as shown in the records and arguments of this case, the sentence of the court below is judged unreasonable.
Therefore, the defendant's assertion of unfair sentencing is accepted.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following is ruled again.
[Discied Reasons for the Decision] Facts of crime and summary of evidence recognized by the court below are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act (the occupation of arranging sexual traffic through a public offering with B), Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Articles 151 (1) and 31 (1) of the Criminal Act (the occupation of an humanitarian teacher), imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 48 (1) of the Criminal Act;
1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances.