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(영문) 서울동부지방법원 2016.11.10 2016노788
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Each sentence (Article 1: 8 months of imprisonment with prison labor and collection, and Article 2: 6 months of imprisonment with prison labor and confiscation and collection) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below was rendered to the defendant, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of each appeal case. Since each offense against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Imprisonment with prison labor, respectively, under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 20 (1) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Articles 88 and 82 (1) of the Medical Service Act, Article 30 of the Criminal Act, Articles 30 of the Criminal Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The last sentence of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: The average daily sales of 270,000 won x the number of business days = 8 days;

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