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(영문) 인천지방법원 2016.11.09 2016노882 (1)

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of seven million won, confiscation) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized and is against the defendant, the fact that there is no punishment for the same kind of crime, and the closure of the commercial sex acts of this case, etc. However, the act of arranging commercial sex acts requires strict punishment in order to prevent the spread of illegal commercial sex acts without considerable social harm, such as the commercialization of women's sex, and harm to the sound sexual culture and good morals, and to establish a sound sexual culture, and the defendant actually manages and operates the commercial sex acts of this case. There is no special change in circumstances after the decision of the court below was made, and there is no other change in circumstances after the decision of the court below, and all the sentencing conditions in the records and arguments of this case, such as the defendant's age, character, occupation and environment, motive and circumstance after the crime, etc., are considered in favor of the defendant, the sentence of

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase “the defendants shall be punished by a fine of KRW 7 million per person. If the defendants fail to pay each person’s fine, the defendants shall be punished by a fine of KRW 100,000,000,000 by one day, and the defendants shall be confined in each person’s house” shall be corrected as follows: “The defendants shall be punished by a fine of KRW 7 million. If the defendants fail to pay the above fine, the defendants shall be confined in each person’s house for the period converted into one day.”