성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The defendants' punishment (the defendant A: 1 year of imprisonment, 2 years of probation, probation, additional collection / Defendant B: imprisonment of 8 months and 2 years of suspended execution) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. On May 6, 2014, Defendant A, who was under investigation as a broker of sexual traffic and was indicted on or around August 2014, he/she had been found to have the history of engaging in sexual traffic brokerage in the same place at the same time and around October 2014, even though he/she was indicted on or around August 6, 2014. The business period is relatively limited to about nine months, and the size of the business is significant; Defendant B introduced the place of sexual traffic to Defendant A and lent a lease deposit, etc., thereby attempting to engage in sexual traffic brokerage; and Defendant B was sentenced to a fine on or around 197 as a violation of the Act on the Regulation on
B. On the other hand, Defendant A is an initial offender who has no record of criminal punishment; all of the crimes in this case are led to confessions of the crimes in this case; removal of facilities for the business of sexual traffic and removal of marina business; and closure of marina business; Defendant B also has favorable circumstances, such as the confessions of and reflects the crimes in this case; and Defendant B has no record of serious crimes other than the records of punishment four times; taking full account of other circumstances, such as the Defendants’ age, character and behavior, environment, the contents of the crimes in this case, health conditions, etc., the sentence imposed by the lower court on the Defendants is deemed appropriate; and it is not deemed unfair or unreasonable due to excessive dismissal.
C. Therefore, the Defendants and the prosecutor’s above assertion are without merit.
3. In conclusion, since the appeal of this case by the Defendants and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.