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(영문) 광주지방법원 2018.11.22 2018노2059
직업안정법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months, the suspension of execution of two years, the fine of five thousand won,00 won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In full view of the elements, protection legal interests, etc. according to the content form of the provisions of Articles 47 subparag. 1 and 19 subparag. 1 of the Act on the Punishment of Acts of Arranging and Receiving the price for the occupation of sexual traffic, the violation of the Act on the Punishment of Acts of Arranging and Receiving the price for the occupation of a job establishment without registration, and the violation of the Act on the Punishment of Acts of Arranging and Arranging and Receiving the price for the occupation of a job establishment is a substantive competition relationship under the former part of Article 37 of the Criminal Act.

However, the lower court recognized the Defendant’s operation of the pre-registered job establishment and the entire fact of job placement and payment of consideration for sexual traffic, and held that the crime of violating the Act on the Employment Stabilization and the Punishment of Acts, such as the Mediation of Commercial Sex Acts, and the crime of violating the Act on the Punishment of Acts, such as the

The decision was determined.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the relation of crime.

The judgment of the court below can no longer be maintained in this respect.

3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the above reasoning of the judgment below is reversed ex officio, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 Subparag. 1 and Article 19(1) of the Act on the Vocational Stability of Employment for Criminal Facts (Operation of the business of opening a fee-charging job).

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