Habitualness of drinking

Since the victims are women of 16,7 years of age, there is no influence on the establishment of the crime of prostitution and the establishment of the crime of prostitution.

Articles 242 and 288 of the Criminal Act

[Attachment 1] The summary of the Judgment and summary of the Judgment (Article 242(1) of the Criminal Act) are the Supreme Court Decision 4288 Form37 delivered on July 8, 195.

Defendant

Daegu District Court of First Instance (64 High Court Decision 605 delivered on July 1, 201)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The twenty-five days of detention days before the sentence of the original judgment shall be included in the original sentence.

However, the enforcement of the sentence shall be suspended for three years from the date of the final judgment.

Although the grounds for appeal by the defense counsel is nothing more than that of Non-Indicted 1 and 2, etc. with experience in criminal conduct engaged in drilling according to their will, the judgment of the court below affected the judgment by misunderstanding the fact that the defendant purchased a female who has not been habitually engaged in drilling and had engaged in drilling business, and the defendant, despite the fact that it is reasonable to suspend the execution of punishment in consideration of the circumstances, such as supporting nine family members as pulmonary tuberculosis, the court below sentenced 10 months of imprisonment with prison labor, it is unfair in sentencing. In addition, regarding the assertion of mistake of facts, the facts indicated in the original judgment can be recognized through evidence at the time of the original judgment, as the victim et al. is a female of 16,7 years of age, and the establishment of the crime such as female trafficking and drinking opening, etc., and therefore it cannot affect the judgment, and therefore, it is clear that the argument of unfair sentencing has no effect on the judgment, but it is reasonable to reverse the judgment of the court below and suspend the execution of the above sentence.

The facts of the crime and evidence acknowledged by the principal source are identical to the statement of the judgment below, and in light of the law as to the facts of the crime cited and quoted, the facts of the trade of women for profit-making purposes in the judgment of the defendant constitute Article 288 (2) (1) of the same Act and Article 288 (2) (1) of the same Act, which constitutes a concurrent crime under Article 37 (1) 2 of the same Act and Article 50 of the same Act, so long as the defendant selects imprisonment with prison labor for the following crimes, the following crimes are concurrent crimes under Article 38 (1) 2 of the same Act, and Article 38 (1) 2 of the same Act, and Article 55 (1) 3 of the same Act are applicable to the aggravated punishment for the crime of trade of women for profit-making purposes and considering the circumstances of the crime. Thus, 25 days from the date of detention prior to the sentence of punishment shall be included within the scope of imprisonment with prison labor for the above 10-month period, and the above provision 26 (1) of the same Act shall apply.

It is so decided as per Disposition.

Judges Kim Young-ro (Presiding Judge)