성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for eight months.
However, the above decision is delivered to the Defendants.
Summary of Reasons for appeal
A. The defendants' punishment (the defendant A: imprisonment of August, 79, 768,00 won, and imprisonment of August 2, 200) of the court below was unreasonable, and the defendant A was dissatisfied with the collection amount of the judgment of the court below. However, in the trial of the court below, the prosecutor tried to jointly collect KRW 39,884,00 from the defendant in consideration of the H's additional collection amount operated by the commercial sex acts establishments, such as the defendant's assertion, and the above defendant stated that he did not raise any objection to the collection amount, and thus, the argument about the additional collection amount is deemed to have been withdrawn.
B. The prosecutor’s sentence of the lower court is unreasonable as it is unhutiled.
2. The judgment of the court below acknowledged all of the crimes committed by Defendant A at the time of the trial. Defendant B recognized his own crime from the court below to the court below, the defendants were detained at the court below to lead a prison life for about 4 months and 5 months, Defendant B, by transferring the facilities of the sexual traffic business establishment he operated and lending the account and the check card, and aiding and abetting the criminal act, but not directly involved in the criminal act. Defendant A operated the business of this case upon the request of Ha who was first engaged in the work of the air-conditioning service article, and operated the business of this case jointly and operated the business of this case at the request of Ha and operated the business of this case, and did not repeat again. Defendant A did not have the record of criminal punishment exceeding the same kind and fine before the crime of this case, and there was no record of criminal punishment exceeding the same kind and fine before the crime of this case, and taking account of various sentencing conditions indicated in the records of this case, such as the background, age, sexual behavior, environment
The decision is judged.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court is part of defendant A in the summary of evidence of the judgment of the court below.