logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.13 2015노3433
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.

2. The circumstances favorable to the defendant include the fact that the defendant is divided into his mistake, that the defendant has no record of punishment for the same crime, and that there is no record of crime exceeding the fine, etc.

However, each of the crimes of this case is that the defendant arranged commercial sex acts and the nature of the crime is not easy, and in particular, even though the defendant was under control as a commercial sex acts around April 2015, the defendant is not aware of it, and there is a high possibility of criticism as to further crimes of commercial sex acts around June 2015.

In full view of the above circumstances and the Defendant’s age, sex, environment, the background and motive leading up to the instant crime, and all other matters concerning the sentencing as indicated in the records and arguments in the instant case, the sentence of the lower judgment is deemed to be too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment of the court below, 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, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

arrow