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(영문) 서울북부지방법원 2014.11.13 2014노1064
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (the penalty of two years of suspended execution and 13.5 million won shall be collected for eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with respect to the addition of applicable provisions of law in the trial, and the subject of the judgment was changed by this court's permission, and the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: the facts charged and the summary of the evidence are as follows: (a) except that the first instance court’s “nine secret rooms” in the second page of the judgment below is deemed as three secret rooms, and thus, it is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with

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 Articles 19 (2) and 6 (1) 19 of the School Health Act (limited to the operation of business of arranging sexual traffic), Articles 19 (2) and 6 (1) 19 of the School Health Act: Selection of each imprisonment term;

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

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

1. Article 25 (Calculation of Additional Collection Amount) of the Act on the Punishment of Acts of Arranging Sexual Traffic: The amount imported by the defendant per customer: 110,00 won for sexual traffic - the amount paid by a female to engage in sexual traffic : 60,000 won = the average daily revenue of 50,000 won : 50,000 won 】 average number of days of business per day 】 3,000 won average number of days of business per week: 4-day criminal period: 3 days per 18 week (from November 18, 2013 to March 26, 2014): The total amount of income of the defendant during the criminal period (183/7) 】 4 days.

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