(영문) 인천지방법원 2015.04.03 2014노4926 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.04.03 2014노4926

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment with prison labor for one year, two years of suspended execution, community service work hours, confiscation and collection) of the lower court is deemed to be too uneasy and unfair;

2. In a case where: (a) the money seized in this case [Nos. 1 (No. 1016, 2013, 2013, 2016, 2014, 2014, 556, 2000, 2000, 2000, 2000, 2000, 2000,0000,0000,0000,0000,0000,0000,0000,0000,000,000,000

Nevertheless, the court below did not deduct the total amount of the above money in determining the amount of the additional collection charge, and there is an error of law by misunderstanding legal principles as to the calculation of the additional collection charge.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act: Consideration in favor of the defendant as follows:

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Amount of 21,00,000 won = Average monthly income during the crime period under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic; and

참조조문

-성매매알선 등 행위의 처벌에 관한 법률 제19조 제2항 제1호

-성매매알선 등 행위의 처벌에 관한 법률 제25조

유사 판례

-인천지방법원 2015.02.06 2014노4605

-인천지방법원 2015.04.17 2014노931

-인천지방법원 2015.04.03 2015노36

-인천지방법원 부천지원 2014.04.30 2013고단2807 (1)

-인천지방법원 2014.07.28 2014고단4115