성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. An ex officio determination prosecutor made the existing facts charged as one of the facts charged at the trial of the party, and the defendant conspired with H on February 12, 2017, in collusion with H on February 12, 2017, received KRW 120,000 won from the customer I and provided guidance to the guest room, and let the female sexual traffic do sexual intercourse.
3. On March 3, 2017, the Defendant conspired with H on March 3, 2017, in collusion with H, received KRW 1.40,00 from the customer J and provided guidance to guest rooms, and had the female sexual traffic female do sexual intercourse.
Accordingly, the defendant conspireds with H to engage in commercial sex acts such as arranging sexual traffic.
Article 30 of the Criminal Code "in addition to "A," and Article 30 of the applicable law applied to apply for the amendment of indictment, and since this Court permitted this and changed the subject of the adjudication, the judgment of the court below is no longer maintained as it is.
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and it is so decided as follows through pleading.
Criminal facts
The criminal facts acknowledged by this court are as shown in the corresponding column, except for the addition of the charges added in Section 2 to the criminal facts of the judgment below, and therefore, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
【Criminal Records】
1. Inquiry into criminal history, report on investigation (verification of the same criminal history as a suspect) and current status of personal confinement attached to each person (as indicated in the judgment No. 1 point);
1. Statement in the original instance by the defendant
1. Statement made by the police for E;
1. On-site photographs (the points specified in judgment No. 2 and 3);
1. Statement by the defendant at court in some cases;
1. A protocol concerning the examination of suspect of a part of the prosecution against H;