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(영문) 서울고등법원 2014.10.16 2014노1451

성매매알선등행위의처벌에관한법률위반(성매매강요등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The gist of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. However, there are circumstances favorable to the Defendant, such as the fact that the Defendant is waiting to commit the instant crime; that there is no criminal history against the Defendant; that the Defendant is a university student at the age of 21; that the Defendant is a victim of sexual traffic (hereinafter “victim”) is using part of the money as living expenses, etc. once in sexual traffic; that part of the agreed amount requested by the victim was paid to the victim; and that the Defendant is a victim of sexual traffic.

However, the crime of this case was committed by the defendant's female-friendly job offers victim with the disabled level 3 of intellectual disability and living together with the victim for the purpose of preparing the purchase price and living expenses of the motor vehicle. In collusion with co-defendant D of the court below with Co-defendant D of the court below for the purpose of punishing the victim for sexual traffic, making the victim engage in sexual traffic once more than once by giving the victim the victim the money as if he would have to enter the house without punishing the money, and prohibiting the victim from receiving the phone from the victim's family members, and thus, the crime was frightly committed sexual traffic over 10 times.

In light of the fact that the victim and his parents suffered physical and mental pain due to the crime of this case, it is inevitable to punish the defendant with severe punishment corresponding to the liability for the crime, taking into account the fact that the defendant did not make any effort to seek the letter or restore damage to the victim and the victim expressed his intent to seek a severe punishment against the defendant in this court.

In addition, considering the various sentencing factors as shown in the arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, and consequence of the crime of this case, etc., the punishment imposed by the court below against the defendant is too uneasible and unfair.

Grounds for appeal by a prosecutor.