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(영문) 서울중앙지방법원 2020.01.09 2019노1378
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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 (e.g., a fine of KRW 10 million, confiscation, etc.) of the lower court is too unreasonable.

2. The judgment that the defendant's participation in the business place is not easy in light of the period of work as the head of the business place, the contents of the business, the size of the business place, etc. is an unfavorable circumstance.

However, considering favorable circumstances, such as the defendant's time to commit the crime of this case and recognizing his mistake, the first offender, and the fact that it seems that there is no risk of recidivism, such as the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, equity with accomplices, etc., it is determined that the sentence imposed by the court below is too unreasonable in view of all the sentencing conditions, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime,

3. 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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369

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, Article 30 of the Criminal Act, the selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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