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(영문) 인천지방법원 2017.11.10 2016노3886
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All judgment of the court below shall be reversed.

As to the first crime in the second instance judgment of the defendant 2, the second instance judgment of the 2017 highest group 327 cases.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: the fine of KRW 10 million; the second instance judgment: the fine of KRW 20 million; the fine of KRW 10,000; the second instance judgment: the fine of KRW 327; the imprisonment of two months with prison labor for each of the crimes in the second instance judgment; and the one year with prison labor for the remaining crimes) that the lower court pronounced is too unreasonable.

2. Determination

A. The judgment of the court below in the first and second instances was rendered to the defendant, and all of the defendants appealed. This court decided to hold a joint hearing of the above two appeals cases.

Each of the crimes in the first instance judgment and the second instance judgment in the second instance judgment in the second instance judgment in the second instance judgment in 2017, the second instance judgment in 327, the second instance judgment in 2017, the second instance judgment in 2017, and the second instance judgment in the second instance in the second instance, shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the part on each of the crimes in the judgment in the first instance judgment and the second instance judgment in 2017, the second instance judgment in 2017, the second instance judgment in 2017, and the second instance judgment in 1941 cannot be maintained as it is.

B. Of the lower judgment of the second instance judgment, the Defendant purchased a penphone, which is a local mental medicine, from F, as to the Defendant’s argument on the sentencing of the first offense in the judgment of the 2017 Highest 327 case.

The contents of this part of the crime are not easy, and narcotics crimes are highly harmful to society as a whole due to their regradation, toxicity, etc.

However, the Defendant recognized this part of the crime, reflects his mistake, and the quantity of the philophone purchased is relatively large.

There is no record of punishment and punishment exceeding the suspension of execution for the same crime against the accused.

B. The crime of this part is to consider the equality between the crime of extinction and the concurrent crime of the latter part of Article 37 of the Criminal Code, which is the evidence of the judgment of the second instance, which is the evidence of the judgment of the court.

In addition to these circumstances, the records and arguments of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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