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(영문) 서울동부지방법원 2015.05.21 2015노290

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspended sentence of two years, the community service order of 120 hours, the additional collection of 27,890,000 won) imposed by the court below is excessively unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflect of the instant crime; (b) there is no criminal record of the same kind; and (c) the closure of a sexual traffic business establishment and the failure to repeat the crime.

On the other hand, if we consider all of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence as shown in the argument of this case, and the circumstances after the crime, etc., that the defendant again committed the crime of this case even though he had been subject to criminal punishment several times, and that the size of a sexual traffic business establishment is small and its business period is long and its business period is not easy, etc., the defendant is disadvantageous to the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.