성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding seven thousand won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The lower court omitted judgment on the number of offenses against the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and offenses against the School Health Act.
Each crime shall be treated as one crime because it constitutes a single act, since it constitutes an ordinary concurrent relation.
B. In consideration of the various circumstances of unfair sentencing (the defendant and his defense counsel), the sentence of the court below (the sentence of 2 years of suspended sentence in October, the fine of 7 million won, the probation and the community service for 200 hours) is too unreasonable.
2. Determination (Judgment on the crimes of the Act on the Punishment of Arrangement of Commercial Sex Acts (the Act on the Punishment of Commercial Sex Acts, Etc.) and the crime of the Act on the Punishment of Commercial Sex Acts, Etc. are partially overlapped with the period of each crime and the place of each crime. However, the above two crimes are separate crimes, which are different from the purpose of the crime, the elements of the crime, and the legal interests and interests, and do not constitute one act, and thus, they constitute substantive concurrent crimes
Nevertheless, the court below omitted the importance of concurrent crimes under the former part of Article 37, Articles 38 and 50 of the Criminal Act with regard to the above two crimes. The defense counsel's assertion pointing this out has some reasons within the scope of recognition, and therefore the judgment of the court below is no longer maintained.
3. According to the conclusion, the appeal by the defendant and his defense counsel is partially reasonable without examining the argument of unfair sentencing. Thus, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited 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 concerning facts constituting an offense, Article 30 of the Criminal Act and Article 19(2)1 of the same Act;