(영문) 수원지방법원 2014.12.04 2014노5166 | 리걸엔진

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(영문) 수원지방법원 2014.12.04 2014노5166

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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The judgment below

Of the judgment of the court below, the part concerning the first crime is reversed.

Punishment shall be exempted for the first crime as stated in the judgment of the court below.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below (two months of imprisonment with prison labor for the crime No. 1 in the original decision and eight months of imprisonment with prison labor for the crime No. 2 in the decision of the court below) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Determination

A. The crime of Article 1 of the decision of the court below was committed by F, the actual operator of a sexual traffic business place, in which the defendant worked as an employee, and after receiving the F's request, the defendant made a false statement at an investigative agency as if the defendant was an operator, and thereby the F's escape was hindered in exercising the State's legitimate penal authority due to this part of the crime. Considering the circumstances, methods, results, etc. of such crime, the criminal punishment corresponding to such punishment needs to be imposed on the defendant.

However, the above false statements become final and conclusive on August 22, 2013 by the Suwon District Court sentenced on August 2, 2013 to the punishment of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and on August 30, 2013. Since this part of the crime is in a concurrent relationship between the above final and conclusive judgment and the latter part of Article 37 of the Criminal Act, in determining the punishment for this part of the crime, the above final and conclusive judgment should take into account the case of equity with the above final and conclusive judgment. The defendant was investigated into the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the latter.

B. As to the second crime of this part of the judgment of the court below, the crime is committed.

참조조문

-성매매알선 등 행위의 처벌에 관한 법률

-형법 제37조

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