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(영문) 전주지방법원 2018.09.05 2018노801
직업안정법위반등
Text

The judgment of the court below is reversed.

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

Reasons

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

2. In full view of all the circumstances indicated in the record, including the Defendant’s age, sexual conduct, environment, family relationship, health status, circumstances after the commission of the crime, etc., the Defendant’s punishment seems to be too unreasonable and unfair, since it appears that the Defendant’s punishment is too unreasonable, in light of the following: (a) the Defendant’s confession of all of the instant crimes, and is contrary to the Defendant’s life through confinement; (b) the agreement with the victim L; and (c) assistance and assistance in the commission of sexual traffic; and (d) the Defendant’s aid and assistance

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, except for the case where "part of the defendant B's legal statement" in the summary of the evidence of the judgment of the court below is used as "legal statement of the defendant B" and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 46 (1) 1 of the Act on the Vocational Stability of Workers, Article 30 of the Criminal Act (the occupation introduction as a means of unfairly restricting the mental freedom), Article 47 subparagraph 1 and Article 19 (1) of the Act on the Vocational Stability of Workers, Article 30 of the Criminal Act concerning facts constituting an offense (Article 1 of the decision of the court below);

A. 2) Article 47 Subparag. 1, Article 19(1) of the Employment Stabilization Act (the occupation of a fee-charging job placement business as indicated in the judgment below), Article 19(2)1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic, and Article 32(1) of the Criminal Act (the occupation of aiding and abetting sexual traffic intermediation business conducted for business purposes)

1. Article 32(2) and Article 55(1)3 of the Criminal Act that reduces aiding and abetting (or aiding and abetting a person in violation of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic).

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