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(영문) 의정부지방법원 2020.08.27 2020노1238
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal: Sentencing (a fine of three million won is imposed);

2. Ex officio determination

A. Before determining on the grounds for appeal for the necessary consideration of concurrent crimes under the latter part of Article 37 of the Criminal Act, the Defendant was sentenced ex officio on December 1, 2019, which was after the pronouncement of the lower judgment, to imprisonment with prison labor on December 11, 2019 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Goyang Branch Branch of the Jung-gu District Court on July 17, 2020. The judgment becomes final and conclusive on July 17, 2020 between the instant crime and the said violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on which the judgment has become final and conclusive, the lower judgment cannot be maintained

B. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning accomplices and their status, which is the business of arranging sexual traffic, and punishment is aggravated. As such, if a defendant without such status participated in the act of co-defendant A in the lower court’s position as a business owner, even though the defendant without such status becomes an accomplice in the crime pursuant to the main sentence of Article 33 of the Criminal Act, the punishment should be punished in accordance with the proviso to Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. in light of the same Article

Nevertheless, the court below applied Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. to the defendant as co-defendant A, and the judgment below is erroneous in the misapprehension of legal principles.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows.

[The reasons for the judgment of multiple times] Criminal facts and summary of evidence recognized by the core of criminal facts and evidence are summary of facts and evidence.

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