성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. The judgment of the court below is just in light of the circumstances that are favorable to the defendant, such as the fact that the defendant operated a similar sexual act business establishment using the same facility at the same place with the knowledge that he was under control of another person in the place where the crime of this case was committed, and that G caused the defendant to commit a similar sexual act. On the other hand, the defendant did not have the same criminal records, and that the defendant recognized his mistake and reflects it. In light of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc., as a whole, the court below's punishment is deemed to be unfair, and thus, the defendant's assertion is justifiable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act and Article 19 (1) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of recruiting persons to engage in the acts of selling sex
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;