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(영문) 인천지방법원 2015.01.09 2014노4075

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of six months and the fine of three million won, the suspension of the execution of imprisonment of two years, the forfeiture) is too uneased and unreasonable.

2. The act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and the act of arranging sexual traffic is in need of a simple and strict punishment against the proprietor of the business that operates illegal sexual traffic establishments even in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, and the Defendant has already been subject to criminal punishment several times due to the same and similar crimes, but has already been subject to criminal punishment for the crime of this case.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) there is no record of criminal punishment beyond the fine due to the same kind of crime; (c) the number of the instant crimes revealed in the records and pleadings; (d) the amount of gains acquired by the instant crimes; and (e) the Defendant’s age, family environment; and (e) the circumstances before and after the instant crime, etc., the lower court’s punishment against the Defendant is too unjustifiable and unreasonable

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.