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(영문) 서울중앙지방법원 2016.02.05 2015노4440
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment for ten months and a fine of five million won.

3. The defendant shall be fined.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because the lower court’s sentence is too unreasonable.

2. The defendant has the same ability to punish him.

However, if the defendant recognizes all of his/her crimes, he/she has committed a mistake in depth, and has no record of punishment of imprisonment without prison labor or more.

In addition, considering the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime, the lower court’s punishment is deemed to be excessive and unfair.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading.

The facts of crimes and the summary of evidence recognized by the court are all as stated in the judgment of the court below, and 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, etc. Sexual Traffic concerning the relevant facts of crime;

2. Selection of a sentence of alternative imprisonment and the concurrent imposition of a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.);

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds for reversal);

5. The community service order under Article 62-2 of the Criminal Act;

6. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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