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(영문) 서울중앙지방법원 2013.07.24 2013노2025
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant’s judgment at this court was in the first instance, and the Defendant’s mistake was divided and reflected; (b) there was no similar type of criminal records; (c) the degree of the Defendant’s participation in the instant case is relatively minor; and (d) other various sentencing conditions expressed in the argument of the instant case, including the amount of profit, the Defendant’s age, character and behavior, family character and conditions before and after the commission of the crime, etc., the first instance court’s fine of KRW 1.5 million, which the Defendant sentenced

3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment 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 facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Articles 70 and 69(2)1 of the Criminal Act on January 1, 199 of the Criminal Act, which requires provisional payment order.

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