(영문) 수원지방법원 2020.10.07 2020노3861 | 리걸엔진

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(영문) 수원지방법원 2020.10.07 2020노3861

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

Defendant

A Defendant A shall be punished by imprisonment with prison labor for ten months.

However, from the final date of this judgment.

Reasons

1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment and additional collection, and for defendant B: fine of 10 million won) declared by the court below is unreasonable.

2. The Defendant again committed the instant crime even though he/she had a record of punishment several times, including punishment, for the same kind of crime.

However, the above criminal records of the defendant are ten years prior to the criminal punishment of 2010, and there is no criminal record prior to the crime of this case after the criminal punishment of 2010, and the establishment of the business of this case is closed, the defendant recognizes and reflects the crime of this case, and the defendant's children are responsible for supporting the defendant, so the risk of recidivism seems to be low, and other various sentencing conditions specified in the records of this case, such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, health condition, environment, etc., are considered to be heavy.

3. Although it is not good to judge the defendant's assertion of unfair sentencing by the defendant B, the above business establishment is currently discontinued, and it appears that the defendant A made a passive measure, such as verbally notifying the defendant A of his intention to not operate an illegal business establishment, etc. In addition, considering the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, health conditions, and environment, the punishment of the court below is somewhat heavy.

4. As such, the Defendants’ appeal is with merit, 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. The relevant Article of the Criminal Act and the defendant A who has chosen a punishment:

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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