성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of KRW 10,000,000.
Defendant .
1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendants (the defendant A: imprisonment of one year and six months, three years of suspended execution, probation, community service, 240 hours, fine of 20 million won, surcharge of 13.8 million won, defendant B: imprisonment of April of suspended execution, one year of suspended execution, one year of community service, 80 hours, and fine of 5 million won) is too unreasonable.
2. Determination
A. In full view of the following facts: (a) the above Defendant A did not have a substantial profit from arranging sexual traffic; (b) even though there was a history of punishment for the violation of the Juvenile Protection Act; (c) had engaged in arranging sexual traffic by employing minors; (d) having been engaged in illegal business by lending the name of credit card merchant; and (e) having avoided the control of police, etc. by conducting illegal business; and (e) balance with criminal punishment for other crimes similar to the instant crime; and (e) other conditions of punishment as to the above Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) circumstances after the instant crime, etc., the above sentence of
B. In light of the fact that the period of lending the name of credit card merchant in the name of Defendant B is not shorter than the period of lending, and that the sales amount generated during the above period is not much much, the above defendant's liability is not less than that of the above defendant. However, considering the fact that the above defendant's profits derived from the crime of this case are not much high, the above defendant's criminal punishment and equity with respect to other crimes similar to the crime of this case, and the above defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and other various sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime of this case, the above punishment of the court below is too unreasonable.
3. As such, Defendant A’s appeal is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act. Defendant B’s appeal is with merit.