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(영문) 대구지방법원 2017.06.07 2016노5669

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (the penalty amounting to five million won, additional collection to KRW 8945,00) imposed by the lower court on the above Defendant is too unreasonable.

B. Each sentence (as above, Defendant A, Defendant B: fine of KRW 5 million, confiscation, additional collection of KRW 8945,00,000, KRW 5000,000, KRW 5000,000, and KRW 500,000) that the lower court sentenced the Defendants is unreasonable.

2. Determination

A. In light of the following circumstances: (a) Defendant A and the prosecutor’s unfair argument about the determination of the unfair sentencing of the above Defendant A and the prosecutor’s unfair argument about the sentencing of the above Defendant; (b) the above Defendant recognized the facts charged and reflects his mistake; (c) the Defendant has no criminal record other than once a fine due to the crime of acquiring stolen goods; and (d) the act of arranging sexual traffic does not have much social harm, such as undermining the sound sexual culture and good morals; and (c) there is a need to strictize it; and (d) there is no significant amount of profit gained from the crime of this case; and (e) other unfavorable circumstances such as the above Defendant’s age, sexual behavior, environment, family relationship, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the argument of the above Defendant and the prosecutor is without merit.

B. Although the public prosecutor's act of mediating sexual traffic to judge the unfair argument of sentencing against Defendant B and C is not so much likely to cause social harm, such as that it may undermine a sound sexual culture and good morals, Defendant B is deemed to have a considerable amount of profit from the crime of this case, it is recognized that the above Defendants acknowledged the facts charged, and there is no other criminal record except once a fine is imposed on the above Defendants due to other crimes, Defendant C has a relatively minor degree of participation by participating in the crime of this case as an employee, and it is other than the above.