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(영문) 수원지방법원 2015.07.24 2015노2539
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (10 months of imprisonment, confiscation, additional collection 76,530,00 won) is too unreasonable.

Judgment

The crime of this case committed with certain facilities to commercialize women's sex and to impair good morals is not good in light of the duration, contents, methods and scale of the business.

However, considering the fact that the defendant recognized the crime and committed mistake, there is no criminal punishment except the suspended sentence of imprisonment due to fraud in 2004, and that the defendant living under detention for a certain period of time in this case, and other various conditions of sentencing such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and 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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the Punishment of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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