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(영문) 서울북부지방법원 2014.10.16 2014노743

성매매알선등행위의처벌에관한법률위반(성매매알선등)방조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment imposed by the court below against the defendant (the punishment of 2 years of suspended sentence for 10 months of imprisonment, the fine of 5 million won, the community service order of 80 hours and the community service order of 1 to 4, the confiscation of 6 to 14, the additional collection of 24950,000 won) is too uneased and unfair.

2. Although each of the crimes of this case committed by the Defendant, in order to avoid the crackdown of an investigative agency, established and operated the Internet site through which illegal means are mobilized to establish and operate an advertisement site for commercial sex acts, making profits by receiving money, etc. under the pretext of advertising expenses, and the nature of the crime is very bad. However, the Defendant is considered to have committed each of the crimes of this case, and the Defendant has been detained for a period of four months as much as possible, and the Defendant has no criminal records punished, and the Defendant has no other criminal records, and other various circumstances that form the conditions of sentencing as indicated in the records, such as the motive and background leading up to each of the crimes of this case, the Defendant’s age, character and conduct, environment, occupation, and family relation, it cannot be deemed that the sentence imposed by the lower court is unreasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, Articles 32(2) and 55(1)3 of the Criminal Act’s “Article 32(2), Article 55(1)3 of the Criminal Act” of “Article 32(2), Article 35(1)3, and Article 55(1)3 of the Criminal Act,” and “an aggravated punishment for concurrent crimes 1.” of “an aggravated punishment for concurrent crimes” of “Article 37, Article 38(1)2, and Article 50 of the Criminal Act” in the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act, “Article 48 of the Criminal Act” of “Article 38(1)1 of the Criminal Act,” and “Article 48 of the Criminal Act,” clearly, are erroneous descriptions of “Article 48(1)1 of the Criminal Act” of “Article 25(1) of the Regulations on Criminal Procedure.”

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