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(영문) 서울동부지방법원 2015.07.02 2015노486

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable as the punishment imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, the community service order80 hours, the forfeiture) is too unreasonable.

2. The judgment of the Defendant committed the instant crime once again despite the fact that the Defendant had been punished for the same kind of crime three times, and the fact that the size of the sexual traffic business place operated by the Defendant is small is disadvantageous to the Defendant.

On the other hand, the fact that there is no previous conviction beyond the fine, the confession, depth, closure of a sexual traffic business establishment, the operation period of a sexual traffic business establishment is relatively short, and the mother with visual disability and the minor children with mental disorder should be supported is favorable to the defendant. In light of the above circumstances and other factors, considering all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;