2020No2984 Violation of the Punishment of Acts of Arranging Sexual Traffic Act.

A

Defendant

Any prosecution, delay in transfer (public trial)

Law Firm Large Ratio

Attorney Ahn Chang-chul, Attorneys Ahn Chang-chul, Attorneys Park Chang-chul, and

Seoul Central District Court Decision 2018Da7047 Decided June 19, 2020

November 1, 2020, 26

The judgment of the court below is reversed.

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

Unfavorable circumstances: The punishment of a fine on two occasions due to the act of arranging the same kind of sexual traffic has been committed again, but the punishment has been committed again, and the scale thereof is reasonable.

The court below followed the service of a writ of summons, etc. to the defendant by public notice, and as a result, the defendant was placed in custody from July 22, 2020 to the date of detention. The court below held that the defendant was at the time of committing the crime and did not repeat the crime.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and various sentencing conditions as shown in the records and arguments, such as the circumstances after the instant crime, the lower court’s punishment is deemed to be too unreasonable. The Defendant’s assertion has merit.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Grounds for multi-use Judgment]

Criminal facts and summary of evidence

The summary of the facts constituting an offense and the evidence acknowledged by this court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, choice of imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

Prior to the reasons for the reversal of the sentence, the overall circumstances were considered.

The presiding judge, judge and beneficiary of the case

Judge Cho Neng

Judges Kim Jae-young