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(영문) 수원지방법원 2015.01.29 2014노4994
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for six months.

Evidence seized by the defendant 1 to 1.

Reasons

Summary of Grounds for Appeal

Each sentence of the original court (the first instance court; the fourth month of imprisonment and confiscation; the second instance court; 4 months of imprisonment) is unfair.

Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against each judgment of the court below was consolidated. Each of the offenses committed by the defendant of each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the trial. In this regard, each of the judgment of the court below shall not be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through the pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of each judgment of the court below. Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is against the defendant; the whole period of the crime of this case remains four months; the defendant left the same place after he was controlled by the crime of this case of this case of 2014 high group 1400 group; the defendant has the criminal records of having been sentenced to the same criminal act of this case; the defendant has the criminal records of having been sentenced to the same criminal act of this case before and during the period of the repeated crime; and other conditions such as the defendant's age, character and conduct, environment, etc. as shown in the records and arguments of this case are attached.

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