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(영문) 수원지방법원 2015.11.11 2015노557
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

The defendant is the defendant 1 to 6 of the annexed crime list No. 2 of the decision of the court below and the court below's decision.

Reasons

1. On February 25, 2015, the Defendant and his defense counsel asserted only unfair sentencing in the Defendant’s statement of grounds for appeal and the attorney’s statement of grounds for appeal submitted within the period for submission of the grounds for appeal, and on March 20, 2015, on March 20, 2015, the Defendant asserted that the Defendant was an employee on the third day of the trial of the trial and the actual operator was different. On July 13, 2015, the Defendant and his defense counsel argued for mistake of facts that the Defendant was working as U and V and the Defendant

However, matters not included in the statement of grounds of appeal submitted within the deadline for submitting legitimate grounds of appeal are stated in the appellate court.

Even if there is no ground for appeal as to the assertion contained in the statement (see, e.g., Supreme Court Decision 98Do1234, Sept. 22, 1998) and a new argument that was filed after the deadline for submitting the statement of grounds of appeal cannot be a legitimate ground for appeal. As such, the aforementioned ground for mistake of facts is not subject to a trial before the trial, and as seen below, since the prosecutor modified the charges of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Act on the Punishment of Commercial Sex Acts) at the trial, such ground for mistake of facts shall be considered within the scope of supplement

The punishment sentenced by the court below (limited to six months of imprisonment and fine of two million won, confiscation) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

In the first instance of the prosecution, the facts charged against the violation of the Act on the Punishment of Acts of Arranging Sexual Traffic among the facts charged in the instant case are modified as stated below (the revised facts charged). The applicable provisions of Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic are modified to “B” under Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act.

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