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(영문) 서울남부지방법원 2013.05.09 2013노419

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower judgment against the Defendants (a fine of KRW 3 million, Defendant E, and F: each imprisonment of August, a suspended sentence of two years, a fine of KRW 5 million, probation, community service, etc.) is too unreasonable.

B. The sentence of the lower judgment against the Defendant B by the Prosecutor is too unhued and unreasonable.

2. Determination on the grounds for appeal

A. Defendant B, Defendant B, on January 10, 2010

4. The act of arranging sexual traffic is an act that has to be strictly punished as stated in the following sub-paragraph (b) and there is a need to strictly punish Defendant B in light of the size and facilities of the instant business establishment.

However, considering that Defendant B’s work period does not extend to the instant sexual traffic business establishment, and there is no benefit accrued from the instant crime; Defendant B is against the wrongness; Defendant B’s participation degree and role in the instant crime; method of crime; circumstances after the instant crime; Defendant B’s age and character, and family relation, etc., the punishment of the lower judgment is deemed appropriate; thus, the Defendant B and the Prosecutor’s assertion that the sentence of the lower judgment is too heavy or less severe is without merit.

B. Defendant E, F Defendant E, E, and F reflects the mistake, and the period of the instant crime is not long, and in particular, Defendant F is recognized as the circumstance in which there was no benefit from the instant crime.

However, since the act of arranging sexual traffic is a crime that has a great impact on the sound sexual culture and good morals by commercializing women's sex, it is necessary to strictly punish the parties involved in the operation of illegal sexual traffic establishments in order to prevent such act. The location of the commercial sex acts in this case is located in a house and is very large in size, and the commercial sex acts in this case take place.