Text
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year and for six months, respectively.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ sentence (Defendant A: imprisonment of one year and fine of 15 million won, confiscation, additional collection of 14,018,00 won, Defendant B’s imprisonment of six months and fine of 5 million won, suspended execution of two years, and confiscated) is too unreasonable.
B. As to the part not guilty among the facts charged in this case of mistake of facts, the court below should be judged guilty on the ground that there is sufficient circumstantial evidence to prove the above facts charged.
Dob. The sentence of the lower court (the same as the above) on the grounds that the sentence of unreasonable sentencing is too unhued and unfair.
2. As stated in the lower judgment, the Defendants posted advertisements at E sites, etc. from June 9, 2012 to March 5, 2013, and posted advertisements at commercial sex acts establishments, etc.; and the Defendants’ act of arranging commercial sex acts, etc., such as arranging commercial sex acts, constitutes several crimes, and the act of facilitating the act of arranging commercial sex acts, etc. under Article 40 of the Criminal Act should be deemed to constitute a concurrent relationship under the attached Table No. 13, 20 to 22, 26, 34, 35, 45, 57, 63, 65, 76, 77, 80, 84, 85, 93, and 97, as indicated in the judgment of the lower court.
Nevertheless, the lower court had determined this as a substantive concurrent crime, and the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby adversely affecting the conclusion of the judgment.
However, despite such reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, so it will be examined.
3. Regarding the prosecutor's assertion of mistake of facts
A. The summary of the facts charged: (i) Defendant A advertises the following as indicated in the annexed Table Nos. 1 through 12, 14 through 19, 23 through 25, 27 through 33, 36 through 44, 46 through 56, 58 through 62, 64, 66 through 72, 74, 75, 78, 79, 81 through 83, 86 through 92, 94 through 96, 98, 99.