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(영문) 울산지방법원 2020.10.30 2020노1030
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The District Prosecutors' Office that was seized in 2019.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation, and collection) imposed by the lower court on the Defendant is too unreasonable.

2. The judgment of the court below is that the crime of this case was committed by the defendant through the employment of illegal aliens to arrange commercial sex acts, which is not good in the quality of the crime. In particular, even though the defendant was prosecuted on October 31, 2019 and tried on October 31, 2019, the defendant continued to engage in the act of arranging commercial sex acts, etc. without stopping the crime of the case of 2020 Godan1832. The fact that there seems to be lack of good faith and that there is a high possibility of criticism, and that the telecommunications services purchased from others (one mobile phone 2) were used for the business of arranging commercial sex acts and the crime was committed for a certain period, which is disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing the defendant's mistake, the fact that there is no specific punishment power other than the punishment imposed once by the defendant's fine, and the fact that there are some circumstances considering the living environment of the defendant, etc., the court below's punishment is somewhat inappropriate in light of all the sentencing factors in the records and arguments of this case, including the defendant's age, character and character, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Each of the relevant Articles of the Acts concerning criminal facts;

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