성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Defendant
All A and prosecutor appeals are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (the penalty amounting to KRW 5 million, the additional collection of KRW 14.4 million) is too unreasonable.
B. The Prosecutor’s sentence (as above: Defendant A; Defendant B: fine of KRW 800,00,000) sentenced by the lower court to the Defendants is too uneasible and unreasonable.
2. Determination
A. The court below's act of arranging sexual traffic, such as the crime of this case, does not have much social harm, such as impairing the sound sexual culture and good morals. The above defendant committed the crime of this case by employing foreigners who do not have the status of sojourn eligible to engage in job-seeking activities. The period of the crime of this case is shorter than the period of the crime of this case and the profit therefrom seems to be considerable. The above defendant recognized all of the crimes of this case and reflects the above defendant's recognition of the crime of this case. The above defendant's age, sex, environment, family relation, circumstances after the crime of this case, etc. are favorable circumstances such as the above defendant's age, sex, etc., and there are no other criminal records except for one time of fine due to the crime of this case, and other favorable circumstances such as the defendant's age, sex, environment, family relation, etc., the above defendant and prosecutor's assertion are not justified. Thus, the above defendant and prosecutor's above opinion are without merit.
B. We examine the prosecutor's unfair judgment on the prosecutor's argument of sentencing on the defendant B. Although there are unfavorable circumstances such as the defendant's act of arranging sexual traffic, such as the act of arranging sexual traffic as the crime of this case, which is not likely to undermine the sound sexual culture and good morals, and thus, it is necessary to strictize it. On the other hand, the above defendant recognized all of the crimes of this case, the above defendant is an initial offender who has no record of punishment, and the degree of participation is relatively minor.