Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year of imprisonment with prison labor, three years of probation, one hundred and twenty hours of community service, confiscation, and collection) is too unreasonable.
2. According to the records of ex officio determination, the Defendant did not run the instant marina business establishment before the end of May 21, 2014 from the police investigation on November 201, 2013. On April 201, 2014, the Defendant transferred the instant marina business establishment to A.
“The police made a statement to the effect that it was possible to recognize the fact that he had been voluntarily produced and seized the SDR card of the black box set up on the O car operated by the defendant for the identification of the defendant's moving line at around that time. Thus, the Changwon District Prosecutors’ Office No. 803 of 2014, which was seized, No. 8(SDR card No. 1) of the No. 803 of 2014, cannot be deemed to be a thing that was provided or intended to be provided for the crime of arranging
Nevertheless, the lower court deemed that one of the above black SSD cards was provided or intended to be provided for the crime of arranging the sexual traffic in this case, and thus, committed an unlawful confiscation pursuant to Article 48(1)1 of the Criminal Act, and thus, the lower judgment was no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment below against the defendant is reversed and it is again decided as follows.
[Judgment used again for the defendant] Summary of facts constituting an offense and evidence recognized by this court and summary of evidence are as stated in the corresponding columns of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the point of arranging a single-use commercial sex), Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act.