성매매알선등행위의처벌에관한법률위반(성매매알선등)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (the imprisonment of eight months, additional collection of ten thousand and one hundred and twenty million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The crime of arranging sexual traffic in this case requires strict punishment as being prejudicial to women's commercialization and sound sexual culture and good morals. In particular, the Defendant committed the crime of arranging sexual traffic in this case by employing foreigners who have not obtained the status of sojourn eligible for employment in the Republic of Korea. This is against the legislative intent of the Immigration Control Act that regulates foreigners to engage in employment in the Republic of Korea after obtaining the prescribed status of sojourn, and should be eradicated as acts that may interfere with the immigration control of foreigners. The Defendant also commits the crime of arranging sexual traffic in this case, which is disadvantageous to the circumstances after the crime, such as aiding and abetting a criminal, in order to escape the punishment when the commission of the crime, etc. was discovered.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake properly, and the defendant's period of business of arranging sexual traffic is relatively short, and the defendant has no record of punishment exceeding the same criminal record or fine.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.