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(영문) 인천지방법원 2017.09.08 2017노340
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 10 million) is too unreasonable.

2. We examine the grounds for appeal by the defendant before determining ex officio.

According to the records, in the case of Incheon District Court 2016 High Order 7360 decided January 25, 2017, the defendant is sentenced to four months of imprisonment and two years of suspension of execution, and the judgment becomes final and conclusive on February 2, 2017 due to a violation of the Act on the Punishment of Acts, such as sexual traffic brokerage, etc. (in the case of the Incheon District Court 2016 High Order 7360 decided on February 25, 2017. The crime of the judgment of the court below and the above crime of the defendant against whom the judgment of the court below became final and conclusive on February 2, 2017 are concurrent crimes after Article 37 of the Criminal Act, and the punishment for the crime of the court below is to

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is decided as follows through pleading.

【Re-written judgment of the court] The criminal facts and summary of the evidence recognized by this court and the summary of the evidence are all the criminal records of the judgment of the court below, and the judgment of the court below became final and conclusive on February 2, 2017, on the following grounds: “The defendant was sentenced to imprisonment for 4 months as a crime of violating the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (in coercion, etc. of sexual traffic) at the Incheon District Court on January 15, 2017.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “1. Before the end of the judgment” to “the grounds for appeal bound in the records of the public trial of the Incheon District Court Decision 2016 High Court Decision 7360 High Court Decision, Incheon District Court 2016 High Court Decision 7360 High Court Decision 7360 High Court Decision, which is attached to the Reasons for Appeal bound in the records of the public trial,” and thus,

Application of Statutes

1. Article 19 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning facts constituting an offense and Article 19 of the same Act;

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