logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.05.08 2015노587
성매매알선등행위의처벌에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal in the judgment below (the fine of nine million won, the additional collection of a fine of 6.8 million won) is too unreasonable.

2. The judgment of the court below is based on the following facts: there is no record of punishment that the defendant has been punished for the same kind of crime, that there is no record of punishment that the defendant has been punished for the same crime, that the defendant reflects the crime of this case and takes prevention of recurrence, that the period of the crime is not long, and that there is no benefit from the crime is not much high; and that the defendant's age, occupation, family relationship and all other matters concerning the sentencing specified in the records and arguments of this case are judged to be somewhat heavy, and therefore the defendant's argument is reasonable

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of arranging sexual traffic), Articles 19 (2) and 6 (1) 19 of the School Health Act (the occupation of committing an offense in the school environmental sanitation and cleanup zone), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

arrow