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(영문) 창원지방법원 2019.08.20 2019노664
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Defendant operated each business of this case for a considerable period of time, and repeated each of the crimes of this case without any reflection even though there was a record of punishment for the same kind of crime.

In light of this point, it is doubtful whether the defendant has the will to open.

However, the defendant has been detained for a long time and does not repeat the crime, and the defendant has a minor child to be supported by the defendant.

In addition, the defendant's health is not good due to an accident that occurred on May 10, 2017.

In addition, comprehensively taking into account the following factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances before and after the crime, the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is judged as follows.

[Judgment used again for the defendant] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the part against the defendant among the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 1 of the same Act, Article 30 of the Criminal Act, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (referring to the acts of arranging sexual traffic through the act of providing a place of sexual traffic, including the acts of arranging sexual traffic), and the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The act of arranging sexual traffic additionally;

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