성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.
1. Summary of grounds for appeal;
A. Each sentence of the lower judgment (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 8 million) is too unreasonable.
B. The above sentence against the Defendant B of the Prosecutor is too unhued and unreasonable.
2. Determination
A. We examine the judgment of the court below as to Defendant A's unfair argument of sentencing, the fact that Defendant A recognized and against his mistake, and that Defendant A served as an assistant or subsidiary, but it is recognized that the crime of this case was an attempted commercial sex acts for business purposes other than simple brokerage of commercial sex acts, and the nature of the crime is not good, and there is no change of circumstance that the court below and the punishment are different. In full view of all other matters on the sentencing as indicated in Defendant A's age, sex, environment, family relationship, economic situation, circumstances leading to the crime, and motive leading to the crime, and other records and changes of the case, the punishment of the court below is deemed appropriate, and thus, Defendant A's assertion is not reasonable.
B. We examine the determination on the unfair sentencing of Defendant B, the fact that Defendant B recognized and reflected his mistake, and that the period of business is shorter than that of Defendant B around July 2016, the fact that there was no criminal record for the same kind of crime is favorable, and the fact that Defendant B was an offense during the period of repeated crime is disadvantageous.
In full view of all of the above sentencing factors: Defendant B’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing as mentioned above, the judgment below’s punishment is deemed appropriate, and there is no change in circumstances to be considered in the trial, and thus, Defendant B and prosecutor’s assertion are without merit.
3. In conclusion, the Defendants’ appeal and the prosecutor’s appeal against Defendant B are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.