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(영문) 수원지방법원 2020.08.26 2020노1386

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, confiscation, and additional collection of one million and one hundred eight million won) imposed by the court below is unreasonable.

2. Although the crime of this case does not mean that the nature of the crime of this case is to harm the sound sexual culture and good morals by commercializing the sex, the defendant all of the crime of this case is recognized, there is no criminal record exceeding the same kind and fine, the period of the act of arranging sexual traffic is not long, and it seems that the act of arranging sexual traffic is starting a legitimate day at present, and other various sentencing conditions in the records of this case, such as the circumstances of the crime of this case, the defendant's age, character and behavior, environment, and circumstances after the crime, etc., are heavy.

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

[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. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 20 (1) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Selection of a fine, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act with respect to concurrent crimes, and Articles 70 and 69 (2) of the Criminal Act with respect to the punishment of the act of arranging sexual traffic additionally under Article 48 (1) 1 of the Criminal Act, Article 334 (1) of the Criminal Procedure Act with respect to provisional payment order issued by the latter part of Article 25