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(영문) 서울중앙지방법원 2013.04.17 2013노617

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the fact that the defendant's judgment in this court is unrefeasiblely divided into depth and does not repeat again; (b) the defendant's primary crime and is a student whose economic situation is not sufficiently sufficient; and (c) the defendant's age, character and behavior, family character and behavior, the motive and circumstance of the crime; and (d) the circumstances before and after the crime, etc., the fine imposed by the court of first instance is somewhat unreasonable.

3. According to the conclusion, the appeal by the defendant is accepted, and the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is to be rendered again after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted 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, Etc. concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Articles 70 and 69(2)1 of the Criminal Act on January 1, 199 of the Criminal Act, which requires provisional payment order.