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(영문) 수원지방법원 2017.06.12 2017노29
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

3,795,00 won from the defendant.

Reasons

1. Each sentence (the first instance court: imprisonment with prison labor for two years, additional collection for two thousand five thousand won, and the second instance court: imprisonment for four months, and the third instance: imprisonment with prison labor for one year, additional collection for one thousand five thousand won, and KRW 1,540,00) imposed by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the court below sentenced the defendant to the judgment after completing a separate hearing on each of the grounds for appeal by the defendant. The defendant filed an appeal against the judgment of the court below Nos. 1, 2, and 3, and this court decided to hold a joint hearing on each of the above appeals cases. Each of the offenses recognized by the judgment of the court Nos. 1, 2, and 3 against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.

3. Accordingly, 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 in entirety and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited 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 (the occupation of brokerage business for sexual traffic), Article 231 of the Criminal Act (the occupation of Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act (the occupation of exercising the above investigation document), Article 347 (1) of the Criminal Act (the occupation of fraud), Articles 347 (1) of the Criminal Act (the occupation of fraud), the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The grounds for sentencing under the latter part of Article 25 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic shall be based on the details and results of each of the crimes in this case.

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