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(영문) 인천지방법원 2016.10.19 2016노3191

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one million won for imprisonment with labor for six months, and one million won for additional collection) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The facts that the Defendant, who made a judgment, led to the confession of the instant crime and reflects his mistake, and that the period of the instant crime has not expired are favorable circumstances.

On the other hand, the defendant committed the crime of this case at another time during the suspension period of the execution of the same crime, and committed a second offense only for about one month after the judgment on the suspension of the execution became final and conclusive.

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.