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(영문) 대구지방법원 2017.06.23 2016노4731

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

[Defendant A] The part of the lower judgment against Defendant A is reversed.

Defendant

A shall be punished by imprisonment for six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (a penalty of KRW 7 million, additional collection of KRW 8 million) imposed by the lower court on the above Defendant is too unreasonable.

B. Each sentence (as above, Defendant A, Defendant B, and C: each fine of KRW 500,00,000) that the lower court sentenced the Defendants is too uneasible and unreasonable.

2. Determination

A. Although Defendant A and the prosecutor’s unfair argument about the determination of the unfair sentencing of the above Defendant A and the prosecutor’s determination of the sentencing of the above Defendant, each of the above Defendant acknowledged the facts charged in the instant case and violated his wrongness, the act of arranging commercial sex acts is deemed to require strictness because of the fact that the act of arranging commercial sex acts is not significantly detrimental to the society, such as undermining the sound sex culture and good morals, and there is no short operating period of arranging commercial sex acts. In particular, even if the above Defendant was punished twice as a fine for the same crime from March 2012, the crime of arranging commercial sex acts was repeated even if he had been punished twice as a same crime, and the above Defendant’s age, sex, environment, family relationship, and circumstances after the crime, etc. were considered, and thus, the above Defendant’s argument that the above Defendant’s punishment of the above Defendant was too unjustifiable and unfair, and there is no reason for the prosecutor’s assertion that the above Defendant’s assertion is reasonable.

B. Although it is recognized that the act of arranging sexual traffic with regard to Defendant B's unfair judgment on the argument of sentencing is not so serious that it is necessary to strictly due to its social prejudice, such as undermining the sound sexual culture and good morals, Defendant B recognized the facts charged in this case and reflects his mistake. The above Defendant did not have the same criminal record, and the degree of participation is minor by participating in the instant crime as an employee, and the business period of arranging sexual traffic is relatively short, and the above Defendant's age, sexual intercourse, and other acts are committed.