성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence No. 13.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, confiscation, and collection) of the lower court is too unreasonable.
2. Determination of sexual traffic is an unfavorable circumstance where a woman’s sex is commercialized and thus there is considerable social harm, such as undermining the sound sexual culture and good morals, and thus, it is necessary to punish the defendant. The defendant appears to have systematically arranged sexual traffic for a long time to gain considerable economic benefits, and the crime of this case was committed during the period of repeated crime.
However, in full view of the favorable circumstances such as the Defendant’s confession from the beginning of the investigation into the crime of this case, and reflects his mistake in depth, and the Defendant did not repeat again, there is no record of punishment for the same kind of crime, and the Defendant’s family members and branch members seem to be relatively obvious in social ties, such as the Defendant’s desire to take the Defendant’s wife, etc., and other circumstances such as the motive, background, means and method of the crime of this case, the Defendant’s age, character, behavior, career, environment, etc. as shown in the argument of this case, the lower court’s punishment is deemed to be harsh.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 35 of the Criminal Act, comprehensively including Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense and Article 19 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) 1 of the Criminal Act;
1. Punishment of acts of arranging sexual traffic, etc. in addition thereto;