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(영문) 인천지방법원 2015.05.22 2014노2361

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that each sentence of the court below (for defendant A, 10 months of imprisonment, 2 years of a suspended sentence, 2 years of confiscation, additional collection, 8 months of a suspended sentence, 2 years of a suspended sentence, and 2 years of a collection) is too uneasible

2. The act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and there is a need for a simple and strict punishment to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture. The crime of arranging sexual traffic in this case or the act of arranging sexual traffic occupation is organized and the frequency and scale of arranging sexual traffic are also significant. However, there are unfavorable circumstances such as that the Defendants led to the confession of and reflect against the crime in this case, there is no previous conviction and there is no record of criminal punishment exceeding the fine, and other various sentencing conditions as shown in the records and arguments, such as the defendants' age, happiness, family environment, and conditions before and after the crime, etc., it is not unreasonable for the court below to punish the defendants as it is too uneasible.

3. If so, the Prosecutor’s appeal against the Defendants is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.