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(영문) 수원지방법원 2018.06.29 2018노158
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. On October 11, 2017, the lower court determined that the Defendant was unable to serve a duplicate, etc. of the indictment on the grounds that the whereabouts of the Defendant is unknown, and determined that the service of the Defendant was made by means of serving public notice, and that the Defendant was examined on November 22, 2017, pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and sentenced the Defendant to one year imprisonment on November 29, 2017.

According to the above facts, there is no reason to assume that the defendant was unable to attend the trial and there is a reason to request a retrial.

Recognized.

Accordingly, this court's revocation of the decision to serve public notice and again served a copy of the indictment, etc., and then newly progress all the trial proceedings including the examination of evidence, so the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed ex officio as above. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act after omitting judgment on the defendant's unfair argument of sentencing and following the pleadings.

【Grounds for the Judgment of the court below, 【The facts constituting a crime and the summary of the evidence admitted by the court below and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the addition of “1. Defendant’s legal statement” to the summary of the evidence of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (1) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts, and Selection of imprisonment

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The aggravated area (eight months to one year and six months) of the sentencing criteria [the scope of the recommended punishment] is as follows: the types of sexual traffic crimes subject to the age of 19 or older, the brokerage of sexual traffic, etc. (the brokerage, etc. of sexual traffic).

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