성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendants 1) In light of the fact that Defendant A’s economic situation is not good, and that the period of arranging sexual traffic has been short and little profits, the punishment sentenced by the court below (the imprisonment of eight months and fine of three million won) is too unreasonable.
2) In light of the fact that Defendant B’s participation period is short, and that Defendant B’s participation was simply an employee, etc., the sentence (six months of imprisonment) imposed by the lower court is too unreasonable.
B. Prosecutor 1) In light of the fact that the crime of this case was committed even though a suspended sentence was sentenced due to Defendant A’s same crime, and that it was not against the law, such as the failure to commit the crime and the reversal of the statement by the investigative agency, etc., the sentence imposed by the court below (the imprisonment of eight months and the fine of three million won) is too uneasible and unfair.
2) In light of the fact that Defendant B was a majority of the punishment force of the same kind, and that the instant crime was committed during the period of suspension of execution due to the same criminal record, the sentence (six months of imprisonment) sentenced by the lower court is too uneasible and unfair.
2. We also examine the Defendants and the Prosecutor’s argument of sentencing.
The judgment below
There are no special circumstances or changes in circumstances that will be newly considered after the sentence.
All of the defendants have a criminal record of the same kind, but it is advantageous to the fact that the period of business has not expired.
In addition, comprehensively taking account of the records of the instant case and all the sentencing conditions expressed in the pleadings, such as the Defendants’ age, sex, environment, and motive for the commission of the crime, the lower court’s punishment is too heavy or it is not determined that the Defendants exceeded the reasonable scope of discretion.
The defendants and prosecutor's argument of sentencing are without merit.
3. As such, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.