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(영문) 인천지방법원 2016.09.28 2016노1092

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 160 hours, the confiscation) is too uneased and unreasonable.

2. Determination action is necessary to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture because of the lack of social harm, such as the commercialization of women's sex and undermining the sound sexual culture and good morals, and the defendant committed the crime of this case even three times, despite the enemy who was punished for the same kind of crime.

However, in full view of the following circumstances: (a) the Defendant’s mistake was recognized by the lower court; (b) there was no special change in circumstances after the pronouncement of the lower judgment; and (c) the Defendant’s age, sexual conduct, environment, motive and background of the commission of the crime; (b) circumstances after the commission of the crime; and (c) the scale and duration of the crime of this case; and (d) the benefits acquired by the Defendant, etc., the lower court’s punishment is too uneas

Therefore, the prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Protection observation and lecture attendance order” in the application of the statutes of the court below ex officio pursuant to Article 25(1) is corrected as “1. Protection observation and community service order”