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(영문) 수원지방법원 2016.02.17 2015노7508

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) even though the defendant led to the confession and reflect of the crime of this case; (b) the period of the crime of this case is relatively relatively long; and (c) there are family members to support the crime of this case, the act of arranging sexual traffic of this case does not have much social prejudice by commercializing women's sex and undermining sound sexual culture and good morals; (d) the defendant has been punished several times for the same crime of this case; and (e) the defendant committed the crime of this case at once during the repeated offense period due to the same type of crime; and (e) the defendant continued to commit the same crime even after the act of arranging sexual traffic of this case was controlled on July 28, 2015, while continuing to engage in the act of arranging sexual traffic of this case on August 5, 2015, and repeated the act of arranging sexual traffic without the awareness of any other crime; and (e) the circumstances after the crime was committed with the president, the defendant's age, sex, environment, family relationship, motive, circumstances, etc.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That “The execution of a sentence on July 9, 2014” in the second sentence of Article 25(1) of the Criminal Procedure Act on the part of the criminal records stated in the first head column for the criminal history of the lower judgment, is premised on the final judgment, and the execution of a sentence is not immediately executed, and thus, the Defendant was released from the custody upon the revocation of detention on June 2, 2014.

Even if this does not immediately mean the termination of the execution of a sentence, and only the execution of a sentence is terminated by the final and conclusive judgment on July 9, 2014.

I would like to say.

The judgment of the court below is modified as "......."