beta
(영문) 인천지방법원 2015.04.10 2015노272

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The act of arranging sexual traffic is not so much likely to cause social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and it is necessary to protect the spread of illegal sexual traffic establishments and to severely punish them in order to establish a sound sexual culture.

However, in full view of the following factors: (a) the Defendant committed each of the instant offenses; (b) the Defendant did not have any record of being punished for the same type of crime; (c) the period of the arrangement of commercial sex acts does not extend; and (d) the profits therefrom appears to have been generated therefrom; and (c) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (d) the circumstances before and after the commission of the instant offenses, the lower court’s punishment against the Defendant

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, since the court below's application of the law is clear that "the selection of fine" was omitted by mistake in the following "Article 37, the former part of Article 38 (1) 3, and Article 50 of the Criminal Act among concurrent crimes", "Article 38 (1) 3, and Article 50 of the Criminal Procedure Act (within the scope of adding up the maximum amount of the crimes above)" among "the pertinent provision of the law and the choice of punishment for the crimes of 1. criminal facts", the court below's ex officio addition is corrected in accordance with Article 25 (1)