성매매알선등행위의처벌에관한법률위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this judgment.
1. The summary of the grounds for appeal (ten months of imprisonment, 25,800,00 won for additional collection) declared by the court below is too heavy.
2. The Defendant, as an actual business owner of a place of massage treatment, is not only more than the degree of participation in the crime by taking charge of the overall management of business, but also has been engaged in the act of arranging the sexual traffic in this case even though he had been punished twice as the same crime. In addition, even though the Defendant is actually engaged in the sexual traffic business in this case, the Defendant made the lower court to have Co-Defendant B make a false statement at an investigative agency as his own business owner, and the act of arranging the sexual traffic is a factor that is disadvantageous to the Defendant, such as that the act of arranging the sexual traffic harms the sound sexual culture and good morals by commercializing women’s sex.
However, the defendant recognized each of the crimes of this case and against his mistake, while the defendant was punished twice as above, all of them were punished as an employee of the place of massage procedure and was punished as a fine, and there was no criminal record of imprisonment with prison labor or more, and the defendant operated the place of massage procedure after taking over the place of massage procedure from AC around April 7, 201. The defendant cannot be deemed to have the profit acquired by the defendant in light of the size of business, duration, etc. of the period during which the defendant committed the crime of arranging the sexual traffic of this case remains, and there is a punishment with the old and disability to be supported by the defendant, after the crime of this case, there is a punishment with the old and disability to be supported by the defendant, that the defendant has been engaged in and faithfully living in the fishery business of this case after the crime of this case, and other various sentencing conditions as shown in the argument of this case are considered to be unfair.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is subject to pleading.