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(영문) 부산지방법원 2013.09.12 2012노1464
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The part concerning the crime No. 2 in the judgment of the first instance and the part concerning the defendant in the judgment of the second instance, respectively.

Reasons

1. The summary of the grounds for appeal of the first instance judgment (3 million won for the crimes set forth in the first instance judgment's holding, 4 million won for the crimes set forth in the second instance judgment, and 1.4 million won for the additionally collected crimes set forth in the second instance judgment) and that of the second instance judgment, the punishment against the defendant (2 years for the suspended sentence of imprisonment for six months) is too unreasonable.

2. Determination

A. Of the judgment of the court of first instance, the part concerning the crime No. 2 in the judgment of the court of first instance and the part concerning the defendant in the judgment of the court of second instance concerning the judgment of the court of second instance, the defendant appealed against each judgment of the court of first instance and filed an appeal, and the court of second instance decided to concurrently examine each of the above appeal cases. The crime No. 2 in the judgment of the court of first instance and each of the crimes in the judgment of the court of second instance in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single punishment within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act

B. We examine the judgment of the court of first instance on the assertion of unfair sentencing on the crime No. 1 of the judgment of the court of first instance, the defendant's time to commit this part of the crime, the defendant's economic situation is difficult, the defendant's previous absence of previous charges, etc. in light of the circumstances favorable to the defendant, or the purport of the "Act on Registration of Credit Business, etc. and Protection of Finance Users" in order to protect finance users and promote the sound development of credit business, which requires strict punishment on unregistered credit business, and the size of the defendant's unregistered credit business has not been small. In addition, the sentence of the court below that sentenced the defendant to a fine of three million won is reasonable.

3. As such, the defendant's appeal on the part of the first instance judgment is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the part on the second instance judgment among the first instance judgment is with merit.

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