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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
5.4 million won shall be additionally collected from the defendant.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty on the charge of violating the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the brokerage, etc. of sexual traffic), although the defendant conspired with D to engage in the act of arranging sexual traffic for business purposes.
Therefore, this part of the judgment of the court below is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence of the lower court (a period of 10 months, additional collection of KRW 900,00) is too heavy, (a) or (b) it is too heavy, or (c) it is too unhued.
2. Before making a judgment on the grounds for ex officio appeal, the Prosecutor changed Article 19(2) subparag. 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, among the provisions applicable to the indictment in the trial of the party, to Article 19(2) subparag. 3 of the same Act; Article 30 of the Criminal Act is deleted; and Article 30 of the Criminal Act is applied to the case where the Prosecutor applied for a change in the indictment with the content of the relevant criminal facts as stated below; and this Court permitted this on the date of the second public trial.
Therefore, the judgment of the court below cannot be maintained as it is.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is so decided as follows.
[Re-written judgment] The facts constituting an offense and summary of evidence acknowledged by this court and the summary of evidence are as follows: (a) the facts constituting an offense in the lower judgment [2016 senior order 1644] and the summary of evidence are as stated in each corresponding column of the lower judgment, except for adding the following 3.3. This refers to the facts constituting an offense in the lower court’s judgment, and thus, it
3. To have sexual traffic sold in violation of the Act on the Punishment, etc. of Acts of Arranging sexual traffic.