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(영문) 서울북부지방법원 2015.12.24 2015노1197

성매매알선등행위의처벌에관한법률위반(성매매광고)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor, two years of suspended execution, five million won of fine, one hundred and sixty hours of community service order, confiscation, and additional collection) is too unreasonable.

2. Although the defendant's mistake is recognized, it is necessary to strictly punish the defendant in order to block the commercial sex acts supplier and intermediate intermediary, in light of the following: the defendant's period of the commercial sex acts, the size of the commercial sex acts business establishment, the defendant's active illegal business activities by advertising the commercial sex acts on the Internet sex acts site, etc.; there is no record of punishment imposed on the defendant for the same kind of crime as the crime of this case or more severe punishment imposed on the defendant; the defendant gets divorced from his wife; and the profits earned from each of the crimes of this case are not high; and the defendant's profits earned from each of the crimes of this case are not high; however, the crime of the commercial sex acts committed by the defendant is likely to be committed again; therefore, the crime of the commercial sex acts is highly harmful to the nature of the crime of this case; considering the motive and circumstances leading the defendant to each of the crimes of this case; and considering the circumstances that led to the crime of this case, the defendant's character and behavior before and after the crime of this case;

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the judgment of the court below, one cell phone (Thosung No. 163 of the pressure of the Seoul Northern District Prosecutors' Office), 50,000 won in the Bank of Korea, and 2 of the pressure of the Seoul Northern District Prosecutors' Office, No. 2345 of the pressure of the Seoul Northern District Prosecutors' Office, "No. 1" in the attached cell phone (Thosung) shall be proved by 163 of the pressure of the Seoul Northern District Prosecutors' Office in 2015.