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(영문) 부산지방법원 2013.09.27 2013노2463
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of the original judgment (three million won of a fine) is too unreasonable.

2. In full view of the fact that the Defendant appears to recognize and reflect all of the instant crimes when it comes to the trial, that there is no criminal history against the Defendant, that the Defendant has old age and economic difficulties, that the Defendant has no risk of re-offending by closing down the instant user center, and that there is no risk of re-offending, and all other matters concerning the sentencing specified in the records and arguments of the instant case, the lower judgment’s punishment is deemed to be too unreasonable, and the Defendant’s assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except for the addition of “the defendant’s oral statement at the trial” to the summary of the evidence in the original judgment, it is identical to the description of each corresponding column of the original judgment; and (b) cite it as it is in accordance

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 the selection of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);

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