성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below (two months of imprisonment and two years of suspended execution) is unfair as it is too unfuntiled.
2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment for one year and two years under suspension of execution for a crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. in the Seoul Central District Court Decision 2019Da5679, 2019Ma6903 (Joint), on December 19, 2019, and the above judgment becomes final and conclusive on December 27, 2019. As such, the crime in the judgment of the court below is in a concurrent relationship with the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Commercial Sex Acts) and the latter part of Article 37 of the Criminal Act, since the crime in the judgment of the court below becomes final and conclusive on December 27, 2019, the sentence shall be determined after considering equity and the mitigation or exemption of the sentence pursuant to Article 39(1) of the Criminal Act
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the prosecutor's decision on the assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered after pleading.
[C] The summary of the facts of the facts of the crime and the evidence admitted by the court below and the summary of the evidence are all the facts of the facts of the crime in the judgment of the court below. "The defendant is sentenced to one year and two years of imprisonment at the Seoul Central District Court on December 19, 2019 for the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Good Practices, etc.) and two years of probation, and the above judgment is finalized on December 27, 2019," and the summary of the evidence is added to "1................................ the defendant was the criminal records of the judgment: 19Da5679 of the Central District Court Act, and the judgment is the same as the corresponding column
Application of Statutes
1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.