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(영문) 수원지방법원 2018.04.20 2017노4481
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1, 2, 2.

Reasons

1. The summary of the grounds for appeal 1) The respective punishment sentenced by the lower court (the first instance judgment: imprisonment for a period of eight months, suspension of execution for two years, confiscation, and confiscation: imprisonment for one year, a fine of seven million won, and a surcharge of 4060,000 won) is too unreasonable.

2) The 2nd adjudication decision of the Prosecutor is too unhued and unfair.

2. We examine ex officio the grounds for appeal by both parties, prior to the judgment on the grounds for appeal.

As to the judgment of the court below in the first and second instances, the defendant filed an appeal against the judgment of the court below in the second instance, and the court decided to consolidate the above cases with each other.

However, the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and at the same time a sentence should be sentenced. Thus, the judgment of the court of first instance cannot be maintained as it is.

3. The lower court’s conclusion is that there is a ground for reversal ex officio as above, and thus, the judgment of the lower court on each of the unfair sentencing arguments by Defendant and the prosecutor is omitted, and the lower judgment is all reversed, and the judgment is reversed, and it is again decided as follows.

【Grounds for a new judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging sexual traffic; Articles 30, 151 (1) and 31 (1) of the Criminal Act; the choice of imprisonment with labor for an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. Article 10 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Collection;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. One crime (the scope of punishment recommended according to the sentencing criteria).

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