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(영문) 부산지방법원 2020.01.10 2019노3702
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The seizure of articles 1 to 1.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: one year, etc. of imprisonment, one year of imprisonment, one year of suspended execution, etc.) by each of the Defendants is too unreasonable; and

B. The declaration of the second instance court’s sentence is too uneasible and unreasonable.

2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.

Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and the judgment of the court below is again rendered as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense (Article 30 of the Criminal Act is added to the acts of arranging sexual traffic from August 2, 2018 to March 22, 2019, and the choice of imprisonment)

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

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

1. Grounds for sentencing under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of punishment by law: Imprisonment with prison labor for one month to ten years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1:

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