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(영문) 서울중앙지방법원 2015.09.18 2015노1263
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

[Defendant A]

1. The part against Defendant A in the judgment of the court below is reversed.

2. Defendant A shall be punished by a fine of two million won.

Reasons

1. Summary of reasons for appeal by the public prosecutor;

A. According to the evidence submitted by the prosecutor against Defendant A (the misunderstanding of legal principle) and the facts charged by Defendant A can be fully recognized.

B. The lower court’s sentence against Defendant B (e.g., e., e., e., e., e., e.,

2. Determination

A. 1) We examine Defendant A ex officio prior to the judgment on the grounds of appeal by the prosecutor against Defendant A, prior to the judgment on the grounds of appeal by the prosecutor’s ex officio. The prosecutor filed an application for change of the crime, applicable legal provisions, and indictment for change of the facts charged in the trial at the trial court. Since the subject of judgment by this court was changed by permission, the part against the Defendant in the judgment of the court below was no longer maintained. However, even though there are reasons for reversal of the above authority, the prosecutor’s assertion of misunderstanding of facts and misapprehension of legal principles as to the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., which is the primary facts charged, still are subject to the judgment of this court. 2) The court below acquitted the Defendant of violation of the Act on the Punishment of Acts of Arranging

Comprehensively taking account of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.

Therefore, the prosecutor's argument about the primary facts charged is without merit.

B. The need to punish Defendant B with regard to the act of arranging sexual traffic in order to eradicate sexual traffic (e.g., unfair practices) is large.

However, the defendant B has a depth of his mistake, and the defendant has no record of punishment in the same kind or imprisonment without prison labor or more.

In addition, the motive, means, and results of the instant crime, the age, character and conduct, environment, health conditions, criminal records, and crimes of the Defendant.

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