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(영문) 서울동부지방법원 2016.12.01 2016노1448
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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 main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment was examined; the defendant was punished twice as a suspension of execution and a fine once for the same kind of crime; and the defendant, in particular, on February 15, 2013, was sentenced to a suspended sentence of one year for the same crime at the Seoul Central District Court and two years for a suspended sentence of imprisonment;

2. Although the judgment became final and conclusive, the crime of this case was committed again during the period of probation, and the defendant does not comply with summons of investigation agencies to avoid the invalidation of the above probation, and there are factors to impose a sentence disadvantageous to the defendant.

However, the degree of the defendant's participation in the crime of this case, which was prosecuted against the defendant, is that the defendant informed his accomplice of the method of operation of a sexual traffic business establishment. Thus, the defendant cannot be sentenced to a more unfavorable punishment on the sole basis of the simple circumstances recognized by the evidence. Thus, the degree of the defendant's participation in the crime of this case is considered relatively relatively relatively less unfavorable than the accomplice. The defendant's profits acquired from the crime of this case are not revealed, the defendant's mistake is divided, and the defendant's family relation and environment are considered in light of circumstances such as the circumstances, it is determined that the sentence of the court below, which sentenced the defendant, is too unreasonable even if the defendant

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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