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(영문) 서울북부지방법원 2015.09.17 2015노862

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months and by a fine of one million won.

Reasons

1. The summary of the grounds for appeal is that each sentence imposed by the court below against the Defendants (the defendant A: the suspended sentence of two years in prison in August, the fine of one million won in prison, the probation order, the community service order of 120 hours and the additional collection of 19.5 million won in 120 hours, the defendant B: the suspended sentence of two years in prison in June, the probation order, and the community service order of 80 hours in prison) are too uneasible.

2. Determination

A. Although Defendant A’s judgment on the above facts appears to be against their depth and living conditions are very difficult, it seems that Defendant A suffered from vertebrate colonism between 3-4 and 4-5, and the health condition is not good, and it seems that the profits accrued from the operation of F’s commercial sex acts and an unauthorized entertainment drinking club (hereinafter “instant business”). Although there seems to be difficult to prevent the act of arranging sexual traffic again because a fire occurred in the building where the instant business was located, it would be difficult to prevent the act of arranging commercial sex acts, etc. due to the occurrence of a fire, the crime of this case committed by Defendant A is deemed to have a history of having been punished by imprisonment with prison labor, suspension of execution, fines, etc. for the same crime as the crime of this case, and since the crime of this case committed by Defendant A has a significant impact on the good customs of women by commercializing sexual traffic, the scope of punishment for the act of arranging commercial sex acts, etc. is limited to the acts of arranging commercial sex acts, etc. under Article 25 of the Commercial Sex Act.