logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.16 2017노2269
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of 5,000,000 won.

Defendant .

Reasons

1. The summary of the reasons for appeal (unfair sentencing) of the lower court’s sentence (unfair sentencing: 10 months of imprisonment; 2 years of suspended sentence; and 6 million won of fine; 40 million won of additional collection; 3 million won of fine; 3 million won of imprisonment; 6 months of suspended sentence; 2 years of suspended sentence) is too unreasonable.

2. Determination

A. As to Defendant A and B’s assertion, Defendant A committed the instant sexual traffic brokerage crime even though he/she had been punished by a fine for the same kind of crime, taking into account various sentencing conditions as indicated in the records, such as the period of the crime, the degree of participation in the crime, profits from the crime, circumstances after the crime, the Defendants’ age and sexual conduct, etc., the lower court’s sentence against Defendant A and B is too unreasonable.

B. Although the Defendant’s period of committing the Defendant’s assertion is relatively long-term and the Defendant offered an account for receiving and withdrawing revenues from arranging sexual traffic, the Defendant has no criminal record, the Defendant’s aiding and abetting the Defendant’s crime, the confession and the appearance of misunderstanding the Defendant, and other factors of sentencing indicated in the record, such as the background of committing the crime, the circumstances after committing the crime, the Defendant’s age, and sexual conduct, the lower court’s punishment against the Defendant is unreasonable.

3. In conclusion, Defendant A and B’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and Defendant C’s appeal is with merit. Thus, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the following judgment is rendered after pleading.

[Judgment used again against Defendant C] The summary of the facts constituting an offense and evidence recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and selective commercial sex acts concerning criminal facts;

arrow