(영문) 인천지방법원 2015.01.23 2014노3630 | 리걸엔진

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(영문) 인천지방법원 2015.01.23 2014노3630

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

seizure.

Reasons

1. The summary of the grounds for appeal against the defendants (the defendant A: one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, eight months of suspended execution, two years of suspended execution and one hundred and twenty hours of community service) are deemed to be too uneasy and unfair.

2. The judgment ex officio (the part against Defendant A) was examined by the prosecutor at the trial, and the prosecutor applied for the amendment of a bill of amendment to indictment with the content of addition of the facts charged as stated in the previous facts charged against Defendant A as stated in the facts charged. Since this court permitted this, the judgment of the court below was no longer maintained.

3. Defendant B’s appeal against Defendant B by the public prosecutor regarding the crime of arranging sexual traffic was interrupted on or around March 2014 and suspended business as a result of the crime of arranging sexual traffic, but the crime of this case was repeated in collusion with Defendant A, etc. However, on the other hand, Defendant B led to the confession of the crime of this case and reflects the depth of the crime; Defendant B did not have any record of criminal punishment heavier than the suspended sentence due to the same crime; and other various sentencing conditions as indicated in the records and arguments, such as Defendant B’s age, happy family environment, and circumstances before and after the crime, it cannot be deemed unfair since the lower court’s punishment against Defendant B is too unreasonable.

4. If so, the part of the judgment of the court below against the defendant A is subject to the above ex officio reversal. Thus, without examining the prosecutor's argument of unfair sentencing, the part against the defendant A among the judgment of the court below under Article 364 (2) of the Criminal Procedure Act is reversed and it is again decided as follows through the pleading. Since the prosecutor's appeal against the defendant B is without merit, it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so

[The part against Defendant A] A’s criminal history is “F” in the Bupyeong-gu Incheon Bupyeong-gu Etel 322 and 417.

참조조문

-형사소송법 제364조 제2항

-형사소송법 제364조 제4항

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