성매매알선등행위의처벌에관한법률위반(성매매알선등)등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal (the decision of the court below No. 1: 4 months of imprisonment and the suspended sentence 2 years, and the decision of the court below No. 2 years of suspended sentence 8 months and the suspended sentence 2 years) is too unreasonable.
2. Before deciding on the grounds of appeal by the defendant's ex officio, the defendant filed an appeal against each judgment of the court below, and the appellate court decided to hold concurrent hearings of the above two appeals. Since each offense of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment under Article 38 (1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining all of the judgment of the court below as to the defendant's unfair argument of sentencing, since there are grounds for reversal ex officio as seen earlier.
[Grounds for a new judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the occupation of arranging sexual traffic), Articles 152(1) and 31(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (the occupation of arranging sexual traffic), and the choice of imprisonment with labor;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than the punishment provided for in the crime of aiding and abetting for perjury);
1. Article 62 (1) of the Criminal Act on the suspended execution;