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(영문) 서울서부지방법원 2013.08.22 2013노681
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (the confiscation of 10 months imprisonment, 1 through 5, 70 million won shall be additionally collected) is too unreasonable.

Judgment

In light of the fact that the defendant's place of crime arranging sexual traffic is an officetel with frequent access by the general public and that it is difficult to see that the case is light in light of the size and period of business, etc., the defendant should be punished strictly.

However, considering all of the sentencing conditions in the records and arguments of this case including the fact that the defendant confessions all of the crimes of this case, there is no history of crime against the defendant, and the defendant is detained in the volume of two months, etc., the court below's punishment against the defendant is somewhat inappropriate, and thus, the defendant's assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

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. Thus, all of them shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, and Article 30 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Article 48 (1) 1 of the Criminal Act;

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

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