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(영문) 서울동부지방법원 2017.01.12 2016노824
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: 2 years of the suspension of the execution of August, 200; 120 hours of community service and confiscation; and 2 million won of the lower judgment: imprisonment with prison labor for 8 months and additional collection) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Each appeal case against the judgment of the court below against the defendant and the prosecutor was consolidated ex officio prior to the judgment on the grounds of appeal by the defendant and the prosecutor. Each of the offenses against the judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered at the same time in accordance with Article 38 of the Criminal Act, and the judgment of the court below should no longer be maintained in this regard.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the above ex officio grounds for reversal of sentencing, and the judgment of the court below is rendered as follows: (a) through pleading, the judgment of the court below is reversed; and (b) the subsequent judgment is

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act (the point of arranging sexual traffic in the first instance judgment), Article 20(1)2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the point of arranging sexual traffic in the second instance judgment), and Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the point of arranging sexual traffic in the second instance judgment): Each imprisonment decision;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. shall be considered in light of the reasons for the suspended sentence);

1. Confiscation Article 48(1)1 of the Criminal Act and mediation of sexual traffic.

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