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(영문) 울산지방법원 2013.4.19.선고 2012노886 판결

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Cases

2012No886 Violation the Punishment of Arrangement of Commercial Sex Acts (or Arrangement of Commercial Sex Acts, etc.)

Defendant

A person shall be appointed.

Appellant

Prosecutor

Prosecutor

Kim Sin-hwan (Lawsuits) and Hen-hee (Court Decision)

Defense Counsel

Attorney Cha Ho-ho

Judgment of the lower court

Ulsan District Court Decision 2012Ma2483 Decided November 29, 2012

Imposition of Judgment

April 19, 2013

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

In light of all the circumstances, including the fact that the nature of the crime of this case is not good and that the defendant has been punished several times of other crimes, the punishment sentenced by the court below (one year and six months of imprisonment, and two years of enforcement oil, etc.) is too uneasy and unfair.

2. Determination:

The crime of this case is not good in light of the size and business period of a sexual traffic business establishment of this case, profits therefrom, etc., and the defendant committed the crime of this case under the Act on the Punishment of Violences, etc. even though he had been punished several times due to the violation of the Punishment of Violences, etc. Act (joint injury). However, even though the defendant committed the crime of this case, he committed the crime of this case. However, as the defendant did not commit a crime against his mistake and does not repeat the crime, the defendant discontinued the entertainment drinking house business and lives conscientiously and faithfully in his workplace, the defendant does not have the same criminal record, and all other sentencing conditions such as the defendant's age, character, conduct, environment, etc. are considered comprehensively, the prosecutor's assertion is without merit.

3. Conclusion

If so, the prosecutor's appeal is without merit, and thus, the prosecutor's appeal shall be dismissed by Article 364 (4) of the Criminal Procedure Act.

Judges

Judges fixed line

Judges Jin-Law

Judges Mahova-Gyeong