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(영문) 서울중앙지방법원 2013.07.05 2013노1742
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds for appeal, each of the following facts: (a) the sentencing conditions unfavorable to the defendant, such as the fact that the defendant's judgment of this court was relatively poor in the nature of the crime of this case such as arranging sexual traffic abroad; (b) as well as the sentencing conditions unfavorable to the defendant, it is difficult to see that the defendant was seriously repented and the defendant is in danger of repeating the crime; and (c) there is no criminal power against the defendant, the mother of her child, etc.; and (d) the sentencing conditions favorable to the defendant are considered comprehensively. In full view of the above, the sentence imposed on the defendant by the court of first instance seems to be somewhat unreasonable from the "special preventive aspect" against the defendant; (b) however, the prosecutor's argument that the crime of this case is very bad, even if there is a cross-examination of the defendant's argument that the crime

3. According to the conclusion, both appeals are accepted, and the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered after pleading as follows.

Criminal facts and the summary of evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution of 1.1. Article 62 of the Criminal Act (no ground for disqualification for suspended execution exists against the defendant, and circumstances favorable

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