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(영문) 서울중앙지방법원 2013.11.20 2013노3052
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The first judgment of the court of first instance and the second judgment of the court of first instance are reversed.

(b) the defendant;

Reasons

1. The summary of the grounds for appeal: (a) ex officio review the decision of this court (ex officio decision); (b) this court decided to combine the part of the first judgment with each appeal case against the defendant in the second judgment; and (c) each of the above crimes, for which the judgment of the first court is found guilty, shall be sentenced to a single sentence in the relation of a single crime; (d) as such, the part against the defendant in the first judgment of the first court and the second judgment of the first court shall be reversed in entirety due to such subsequent circumstances.

3. As such, there exists a ground for ex officio reversal of each of the above reasons, under Article 364(2) of the Criminal Procedure Act, the part against the defendant in the first instance judgment and the second instance judgment are reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the above grounds for ex officio reversal of unfair sentencing

Criminal facts and summary of evidence recognized by the court are identical to those of the court of first instance, and thus, they are quoted 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 criminal facts, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and Article 30 of the Criminal Act (generality) 1. Articles 70 and 69(2)1 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and Article 48(1)1 of the Criminal Act.

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