성매매알선등행위의처벌에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the sentence (7 million won) imposed by the court below on the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the records of this case, the defendant was sentenced to a suspended sentence of two years on February 15, 2017 by the Seoul Central District Court on February 7, 2017 for a crime of violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts (the brokerage, etc. of commercial sex acts), and the above judgment became final and conclusive on February 15, 2017. As above, the crime of violation of the Act on the Punishment of Acts, such as the brokerage, etc. of commercial sex acts (the brokerage, etc. of commercial sex acts) and the crime of this case are in the relationship of concurrent crimes after Article 37 of the Criminal Act, and the punishment of each of the above crimes is determined in consideration of the case and equity, so the judgment of the court below omitted
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, on the ground that there is a ground for ex officio reversal as seen above, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting a crime and evidence admitted by the court below is added to the first head of the facts constituting a crime and the summary of the evidence in the judgment of the court below as follows: “The defendant was sentenced by the Seoul Central District Court on February 7, 2017 to 10 months of imprisonment with prison labor for a violation of the Act on the Punishment of Acts, Including Commercial Sex Acts, Etc. (mediation of commercial sex acts, etc.) and the above judgment became final and conclusive on February 15, 2017; and “investigation report (verification of the judgment in the case related to the defendant)” was added to the column of the evidence; thus, it is identical to the corresponding column of the judgment of the court below, and thus, it is cited
Application of Statutes
1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts;
1. The Criminal Act dealing with concurrent crimes;