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(영문) 수원지방법원 2016.03.11 2016노266
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

16,400,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 10 months, the additional collection of 16,400,000 won) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Act on the Punishment of Acts, Including Intermediating, etc. of Commercial Sex Acts, at the Suwon Franchising Methods Board on April 15, 2015, and the above judgment became final and conclusive on December 29, 2015. As such, each of the offenses against the Defendant and the above offense against which the judgment of the court below rendered against the Defendant became final and conclusive on December 29, 2015 are concurrent offenses after Article 37 of the Criminal Act, and should be sentenced to punishment for each offense of the judgment of the court below in consideration of equity with which the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts of the crime and the evidence acknowledged by this court are as follows. The first head of the judgment of the court below, which excluded the defendant from changing the above judgment into six months of suspension of execution as a crime of violation of the Act on the Punishment of Acts, such as Intermediating of Commercial Sex Acts, Etc. (or brokerage, etc. of commercial sex acts) committed by the Suwon Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising, to Franchising Franchising Franchising

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic for Criminal Facts and Selection of Imprisonment with labor;

1. The meaning of concurrent crimes;

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