성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of six months, the additional collection of 680,000 won) is too unreasonable.
2. The act of arranging sexual traffic is likely to harm the sound sexual culture and good morals of women by commercializing their sex, and thus, it is necessary to severely punish them in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture. The Defendant’s crime of this case during the period of repeated offense is not easy for him to commit such crime.
However, the defendant has no record of being punished for the same crime, and is against the crime of this case, and again, he does not commit the same mistake.
In addition, the size of the business operated by the defendant and the profits acquired by the crime of this case are not significant, and the period of crime is also not much important.
In addition, there are circumstances where the health of defendants is not good.
In addition, in full view of the various circumstances, including the defendant's age, character and conduct, environment, details and contents of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable since the sentence imposed by the court below is too inappropriate. Thus, the above argument by the defendant is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is 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 of Arranging Sexual Traffic and the Selection of a fine concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;