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(영문) 전주지방법원 2014.10.31 2014노835

직업안정법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (three years of suspended sentence for two years of imprisonment) against the Defendant in the summary of the grounds for appeal is deemed unreasonable.

2. The crime of this case is not limited to denying the crime that the defendant introduced C as a seafarer without registering fee-charging job placement services to the competent authority, and received money in the name of the introduction fee, and provided C with prostitution by means of payment in lieu of commercial sex acts, and the nature of the crime and the crime of this case is not good. The defendant committed the crime of this case even though he had been punished several times due to the crime of the same veterinary act, including the suspended execution of imprisonment, due to the crime of the same veterinary act, and the defendant did not receive the introduction fee from the owner or paid the price for commercial sex acts, such as the crime described in the criminal facts, even though he was investigated by the investigative agency several times, and it does not know M despite the fact that the details of M, which is a commercial sex lending of C, were written in the form of commercial sex acts.

In light of the fact that the crew or the crew made a statement to the effect that they got a phone call of the defendant to M, etc., it is also necessary to strictly punish the defendant. However, the defendant confessions all of the crimes of this case to the court below and objects to the defendant. The main reason for the investigation of this case is that the defendant introduced C, a person with a disability, as a seafarer, to the owner of the ship, and received the prepaid payment from the owner, thereby deceiving C without paying the aforementioned prepaid payment. The above suspicion of fraud is not discovered, there is no evidence to prove that the defendant used the means of violence, intimidation, confinement, etc. while arranging C as a seafarer, and there is no evidence to deem that the defendant used the means of crime of this case.