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(영문) 서울남부지방법원 2016.05.19 2016노242

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant made a confession and reflects all of the crimes, the Defendant was faced with difficulties in living, and there is little profit from the crime committed by short-term crackdown at each time when operating a sexual traffic business establishment, support for the aged and children, which is only once more than 10 years before the previous conviction of the same kind and there is no record of punishment exceeding the fine, and that there was no record of punishment exceeding 3 months in the instant case, etc., the sentence (one year of imprisonment) imposed by the lower court is too unreasonable.

2. However, in light of the fact that the defendant has been under the repeated control and transferred three times or places to an investigative agency to close down his/her business at that time, and continuously operated a commercial sex business establishment, thereby hindering the judicial procedure by making the third party to be exempted from punishment as an operator, and even though he/she has long been in the same kind of criminal record, it is inevitable for the defendant to be subject to strict punishment. In addition to all sentencing conditions in this case, considering the defendant's age, character and conduct, motive and consequence of the crime, the punishment of the court below is too unreasonable, even if considering the circumstances asserted by the defendant on the grounds of appeal, it is not determined that the sentence of the court below is too unreasonable.

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