성매매알선등행위의처벌에관한법률위반(성매매알선등)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
2,031,00 won from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, and second instance: imprisonment with prison labor for one year and six months and collection KRW 2,031,00), which the lower court sentenced to himself/herself, filed an appeal on the grounds that it is too unreasonable.
2. Before deciding on the grounds for appeal by the defendant, this Court tried by examining each appeal case against the judgment of the court below jointly. Each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
[C] The summary of facts and evidence admitted by the court in charge of criminal facts and the summary of the evidence are as follows: "each prosecutor's interrogation protocol of E, F, and G" as stated in Part 12 of the first instance judgment, and "each prosecutor's interrogation protocol of E, F, and G" as "each prosecutor's interrogation protocol of E and F," and except for adding "1. prosecutor's statement of G" as stated in each corresponding column of the judgment of the court below, it is the same as stated in the corresponding column of the court below, and it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, the Selection of Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act (the point of arranging sexual traffic, including the first instance judgment), Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor;
1. The Criminal Act among repeated crimes;