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(영문) 청주지방법원 충주지원 2014.12.26 2014고단158
성매매알선등행위의처벌에관한법률위반(성매매)등
Text

Defendant

C Imprisonment for one year, and each of the defendants A and B shall be punished by imprisonment for six months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness C and F;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police suspect interrogation protocol against Defendant C and A;

1. Each police statement concerning B and F;

1. Each complaint filed by B and F;

1. Application of Acts and subordinate statutes to the protocol of examination of witness to C;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (the point of sexual traffic) and Article 151(1) of the Criminal Act (the point of delivery): Selection of imprisonment with prison labor;

B. Defendant B: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 156 of the Criminal Act

(c) Defendant C: Articles 347(1), 152(1), 151(1), and 31(1) of the Criminal Act (a) of the Criminal Act: The choice of imprisonment with prison labor;

1. Statutory mitigation;

(a) Defendant B: Articles 157, 153, and 55(1)3 of the Criminal Act;

B. Defendant C: Articles 153 and 55(1)3 of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Unfavorable circumstances committed by Defendant A: Considering various circumstances, such as the Defendant’s age, character and conduct, occupation and family environment, etc., which are the conditions for sentencing indicated in the records, such as the fact that the criminal was committed, committed in violation of the law that is based on the discovery of substantial truth, and that the criminal defendant’s escape is in need of punishment corresponding to that of the crime; the primary criminal of the Defendant was committed; the Defendant’s confession could have revealed substantial truth about fraud, escape from criminals; and

2. Circumstances unfavorable to Defendant B: The crime of false accusation infringes upon the State’s legal interest, which is the appropriate exercise of the State’s trial function.

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