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(영문) 대구지방법원 2018.09.14 2018노2105

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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1. The judgment below is reversed.

2. Defendant A’s imprisonment with prison labor for a year of 10 months and a fine of 30 million won and Defendant B’s imprisonment with prison labor for a period of 10 million won.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of two years and fine of thirty million won, confiscation, additional collection, Defendant B: imprisonment of one year and four months and fine of fifteen million won) is too unreasonable.

2. It is recognized that the act of arranging sexual traffic for the same business as the act of the instant crime is distorted and distort the sound sexual morals of society, and thus, it is highly illegal. The period of the instant crime is long-term, and the sales amount posted by the act of arranging sexual traffic reaches approximately KRW 1.3 billion, and Defendant A also acquired an access medium to conceal the crime of arranging sexual traffic in this case.

However, it is also recognized that the Defendants recognized the instant crime and opposed to the fact that there was no previous conviction exceeding the fine, that there was no criminal record against the Defendants, that the Defendants’ family members and branch members want to take the Defendant’s wife, that the instant crime of arranging sexual traffic does not constitute a typical sexual traffic brokerage, and that Defendant B attempted to manage the instant Internet site upon Defendant A’s request, which is the principal offender, and that the degree of participation in the instant crime is relatively weak, and that there was no benefit directly acquired from the instant crime.

In addition, taking into account all the sentencing conditions shown in the records and arguments of this case, such as the age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.