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(영문) 대전지방법원 2018.04.25 2018노370
성매매알선등행위의처벌에관한법률위반(성매매광고)등
Text

The judgment below

The guilty part against Defendant A and the part against Defendant B shall be reversed, respectively.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B’s imprisonment (one and half years of imprisonment, two months of imprisonment, and two years of imprisonment) is too unreasonable.

B. Prosecutor 1) In the case of the charges of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) in the attached Table Nos. 12, 13, and 14 of the judgment of the court below against Defendant A, and the charges of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use Screening such as Cameras, etc.) against Defendant B around May 2015, the above Defendants taken a woman’s telegraph, which the above Defendants attempted to engage in commercial sex acts, so long as the leg part has become more serious (except once more than 12,13 times) and the leg part has become more serious (except for 12,13 times), this constitutes photographing another person’s body that may cause sexual humiliation or sense of shame, and thus, the judgment of the court below acquitted each of the above charges

2) The sentence of the lower court against Defendant A and B and the sentence against Defendant C (a sum of KRW 6 million) against each of the above sentence against Defendant A and B is too uneased and unreasonable.

2. Determination

A. Defendant A(1) We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Based on Articles 32(6) and 32(1) of the Act on Corporate Governance of Financial Companies, the lower court, based on the facts charged against the Defendant, sentenced the Defendant to two punishments by separating the violation of the Electronic Financial Transactions Act from other crimes.

Article 32(1) of the Act on Corporate Governance of the Financial Companies (hereinafter “Financial Control Structure”) provides that “The Financial Services Commission shall meet the requirements prescribed by Presidential Decree (hereinafter “requirements for maintaining eligibility”) with respect to one largest investor (hereinafter “persons subject to examination of eligibility”) from among the largest shareholders of the financial company subject to the relevant provision, including the violation of the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Act on Punishment of Tax Evaders, and the Act on Punishment of Tax Evaders, at a certain time, of the largest shareholder of the financial company subject to the relevant provision.”

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