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(영문) 서울남부지방법원 2019.06.04 2018노524
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. A. The prosecutor, prior to the remanding of the case, prosecuted Co-defendant B (hereinafter “Co-defendant”) against the Defendant and Co-defendant B on the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., the lower court sentenced the Defendant to six months of imprisonment with prison labor, 2 years of probation, 80 hours of community service, and 130,000 won of collection, and 2 years of probation and 80 hours of community service, respectively.

Therefore, the prosecutor filed an appeal against the defendant and the co-defendant on the ground of unfair sentencing, and the trial prior to the remanding of the judgment below reversed the part of the judgment below against the defendant, and sentenced the defendant to the suspended sentence of two years, community service hours, and collection of 80,000 won, and dismissed the prosecutor's appeal against the co-defendant.

After that, the prosecutor filed an appeal against the defendant on the ground of a misapprehension of legal principles, and the Supreme Court rendered a judgment of remanding the part of the judgment before remanding the case on the ground that there was an error of law by misunderstanding the legal principles on necessary confiscation against the defendant among the judgment of the party before remanding the case.

B. Since only the prosecutor filed an appeal against the defendant against the judgment of the court prior to the remanding of the scope of the trial by this court, the part against the co-defendant in the judgment prior to the remanding of the case shall be deemed to have been separated and determined depending on the purpose of the appeal. Thus, the scope of the trial by this court after remand is limited to the part against the defendant

2. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, 80 hours of community service, and 130,000 won of penalty) is too uneased and unreasonable.

3. Before determining the grounds for appeal ex officio, the case is examined by the prosecutor ex officio, and the prosecutor shall change the facts charged against the Defendant in the trial as stated in “the grounds for appeal” under the judgment below.

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