beta
(영문) 부산지방법원 2016.05.27 2016노278

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (five million won penalty) of the court below is too unreasonable.

2. The judgment appears to be against the Defendant’s mistake, and the Defendant’s primary offender who has no record of punishment for the transfer of this case is recognized as a favorable circumstance for the Defendant.

However, the crime of this case is not easy for the defendant to act as an intermediary for commercial sex acts, and in particular, the defendant is not well aware of the fact that the defendant was under control as an intermediary for commercial sex acts on August 10, 2015, and there is a high possibility of criticism as to the crime of commercial sex acts on August 27, 2015, and there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the decision of the court below, and there are other various sentencing conditions that are shown in the records and arguments, such as the defendant's age, character and environment, conditions before and after the crime, etc., the punishment of the court below is too too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.