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(영문) 서울북부지방법원 2017.11.30 2017노1495
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

The sentencing of the original court (the first instance court's sentencing: imprisonment with prison labor for 8 months, additional collection, and imprisonment with prison labor for 6 months) is too unreasonable.

Before determining on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against each judgment of the court below, and the trial court decided to concurrently examine the above two appeals cases. Since each offense of the judgment of the court below is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced pursuant to Article 38 (1) of the Criminal Act, and thus, it cannot be maintained any more.

Therefore, the judgment of the court below is reversed in its entirety and it is so decided as follows without examining all of the judgment of the court below as to the defendant's unfair argument of sentencing, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and it is again decided as follows.

[Grounds for a new judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with 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 Arranginging the elective sexual traffic (the point of arranging sexual traffic for business purposes), Article 21(1) of the Act on the Punishment of Acts, Including Arranging the sexual traffic (the point of arranging sexual traffic), Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and choice of imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

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