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(영문) 서울북부지방법원 2014.08.14 2014노103 (1)
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

Defendant

B Imprisonment of 10 months, and Defendant C shall be punished by imprisonment of 6 months, respectively.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles (the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex acts) against Defendant C, the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex), for which a summary order has become final and conclusive, is not punishable as a business offender since Defendant C is punished as an advertisement of a commercial sex business establishment on April 12, 2012. As above, Defendant C is not punished as an offense of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex), and the charge of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex), among the facts charged in the instant case, are different from each other. Therefore, the res judicata effect of a summary order already established cannot be deemed to affect the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex), among the facts charged against Defendant C

B. Each sentence sentenced by the court below on the Defendants (Defendant B: the suspended sentence of two years in October, the probation order and the community service order of two hundred hours in 200 hours in the imprisonment, Defendant C: the suspended sentence of one year in May, and the probation order and the community service order of eight hours in 80 hours in the imprisonment) are too uneasible and unfair.

2. Determination

A. Before the judgment of the prosecutor on the grounds of appeal on the part of the prosecutor on the defendant B, the prosecutor applied for changes in indictment in accordance with Paragraph (1) and all facts of the facts charged against the defendant B at the trial court. Since this court permitted this, the judgment of the court below was no longer maintained.

B. The part concerning Defendant C) The summary of the facts charged in this part of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (a violation of the Act on the Punishment of Commercial Sex Acts, Etc.) is as follows.

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