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(영문) 수원지방법원 2015.09.03 2015노3386

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of this case is the case where the defendant operated a commercial sex acts establishment from June 2014 to March 4, 2015 and committed the act of arranging commercial sex acts for about nine months. The act of arranging commercial sex acts is not so serious social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a simple and severe punishment to prevent the spread of illegal commercial sex acts, and to establish a sound sexual culture. On August 2014, when the commercial sex acts of this case were controlled and punished by the employees at the time, the defendant continued to operate the commercial sex acts of this case, and continued to operate the commercial sex acts of this case until March 4, 2015, and the crime of arranging commercial sex acts of this case is not easily established considering the circumstances that the defendant attempted to start the commercial sex acts of this case even on March 6, 2015 after the control of this case, etc.

However, in full view of all the sentencing conditions indicated in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the defendant's punishment is too unreasonable, since it is recognized that the defendant's above argument is too unreasonable, since he is too unreasonable, it is reasonable to view that the defendant's punishment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

Criminal facts of the defendant and the summary of the evidence recognized by the court, as well as the facts thereof.