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(영문) 울산지방법원 2017.02.23 2016노1816
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed respectively.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The punishment sentenced to the defendant by the first and second depths of the grounds for appeal (the first core: imprisonment with prison labor for five months and the second core: imprisonment with prison labor for six months) is too unreasonable;

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases, and each of the offenses in the judgment of the court of first instance and the judgment of the court of second instance in the judgment of the court of second instance should be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act, since the offenses in the judgment of the court of second instance and the offenses in the judgment of the court of second instance are concurrent offenses in the former part of Article 37 of the Criminal Act, and thus, the part against the defendant in the judgment of the court of first instance and the

3. As seen above, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the part of the judgment of the court of first instance and the judgment of the court below No. 2 is reversed, and the judgment below is all reversed in entirety, and the following is again decided

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court and the summary of evidence are identical to the part against the defendant of the first instance judgment and the corresponding corresponding column of the second instance judgment, thereby citing them as they are according to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. [the point of arranging commercial sex acts (including the point of arranging commercial sex acts by the business as stated in the judgment of the first instance court)], Articles 94 subparag. 9 and 18(3) of the Immigration Control Act (the point of employing foreigners who are not eligible for employment status) and choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The punishment shall be aggravated for concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crimes of violation of the Act on the Punishment, etc. of Acts, such as the Mediation, etc. of Commercial Sex Acts in the judgment of the second instance with heavier punishment].

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