성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (limited to imprisonment with prison labor for one year, two years of suspended execution, community service work hours, confiscation and collection) of the lower court is too unreasonable;
2. The act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a simple and severe punishment to prevent the proliferation of illegal sexual traffic establishments, and to establish a sound sexual culture. However, the crime period or frequency of arranging sexual traffic in this case are disadvantageous circumstances, on the other hand, the defendant is led to the confession and reflect of the crime in this case, the defendant has no record of being punished for the same crime, and other various sentencing conditions shown in the records and arguments, such as the defendant's age and behavior environment, the period of the crime, and the circumstances before and after the crime, it is deemed unfair that the court below's punishment against the defendant is somewhat inappropriate.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, 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 and the punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: 1,480,000 won = The amount collected as an additional collection = 1,760,00 won during the crime period (i.e., the number of times of arranging sexual traffic x 44 timesx 40,00 won) - The amount of confiscated cash 2,80
1. The order of provisional payment;