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All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable because each of the punishments of the judgment below (each of four months of imprisonment, each of two years of suspended sentence, each of two years of suspended sentence, confiscation) is too unreasonable.
2. In the trial of ex officio determination, the prosecutor’s name of the crime is in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the applicable provisions of Acts are “Article 20(1)3 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc.” and Articles 37, 38, and 48(1) of the Criminal Act. The facts charged are as stated below, and the subject of the trial was changed by this court’s permission. Thus, the judgment of the court below cannot be reversed in its entirety
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act as the above reasons for ex officio reversal, and the judgment below is delivered following the pleadings.
Criminal facts
1. On April 22, 2013, at around 18:58, the Defendant advertised to attract people to buy sex by attaching four copies of an advertising complex with a picture and telephone number indicating the sexual organ of both men and women who wish to arrange sexual traffic at the entrance of “DMoel” located in Seo-gu Busan, Seo-gu, Busan.
2. On June 17, 2013, at around 20:30, the Defendant advertised to attract people to buy sex by attaching two copies of an advertising complex with a picture and telephone number indicating the sexual organ of both men and women who suggesting the arrangement of sexual traffic at the entrance of “Fel” in Busan Jung-gu, Busan.
3. On October 17, 2013, at around 20:45, the Defendant advertised to attract the purchase of sex by attaching four copies of an advertising complex containing a picture and telephone number on the wall of “Kmotour” located in Seo-gu Busan, Seo-gu, Busan, describing the sexual organ of both men and women who wish to arrange sexual traffic.
Summary of Evidence
The summary of the evidence presented by this court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;