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(영문) 대전지방법원 2014.07.16 2014노1090

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) by the court below is too unreasonable.

2. Determination as follows: The act of arranging sexual traffic does not have much social harm, such as the commercialization of women's sex and undermining sound sexual culture and good morals, and thus requires a strict and severe punishment; and the Defendant committed the instant crime in the Daejeon District Court on February 26, 2010 without being aware of a suspended sentence of two years for the crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Daejeon District Court on February 26, 2010.

However, the defendant led to the confession of the crime of this case and reflects his mistake, and this case is relatively small in size and it is difficult to view that the business size is planned and systematic since the defendant connects women and customers through the reservation telephone by leasing officetels, and there is no economic benefit from the crime of this case. The defendant is relatively young and has a graduate student, and the defendant has completed his study faithfully and has failed to repeat again, and it seems that he had an opportunity to take care of the punishment in light of the favorable circumstances, such as the fact that the defendant's father wanted to take care of the defendant's father for three months of detention, and all other factors of sentencing including the defendant's age, character and conduct, and circumstances after the environmental crime, etc., the defendant's punishment imposed by the court below is inappropriate, and the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The substance of the evidence and facts charged by the court.