성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.
The above fine shall be imposed on the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and confiscation) is too unhued and unreasonable.
2. The circumstances favorable to the defendant include the fact that the defendant was aware of the crime of this case and the defendant was repented of the mistake, and the period of the crime is not long.
However, in light of the fact that 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, it is necessary to prevent the spread of illegal sexual traffic establishments, and establish a sound sexual culture, and the defendant has been sentenced to punishment by committing the act of arranging sexual traffic, and the defendant repeats the crime of this case even though he has the history of being sentenced to punishment by the crime of arranging sexual traffic, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and happiness environment, the circumstances before and after the crime, etc., it is deemed that the punishment imposed by the court below is somewhat inappropriate.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is 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;
1. Imposition of fines under Article 24 of the Act on the Selection of Imprisonment with prison labor or the Punishment of Acts of Arranging Sexual Traffic;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act: Consideration of conditions favorable to the defendant as seen earlier;
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 48(1) of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.