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(영문) 수원지방법원 2016.01.26 2015노5775

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the counsel (unfair sentencing) is against the defendant, and there is no record of criminal punishment exceeding the fine, and as the husband G who operated a sexual traffic business establishment in D (hereinafter “D”) was sentenced to a punishment, the above business establishment was operated in order to prepare living expenses. The establishment of the sexual traffic business establishment in this case was closed, the danger of judicial interference caused by the crime of perjury was not significant, and the defendant led to the confession of the fact of the above teacher before the judgment became final and conclusive. In light of the above, the sentence of the court below that sentenced eight months to imprisonment is too unreasonable.

2. The judgment of the court below was made on February 4, 2015 when the defendant was punished for a violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts (or brokerage, etc. of commercial sex acts) in the support for the development of the Suwon method and the Korea Development Institute, and it was possible to have the record of criminal punishment for the same crime. The period of the crime of arranging commercial sex acts in this case is long and its operation size is relatively large; the defendant's husband G changed the name of the registration of the business in this case to E even after criminal punishment was punished by the defendant's husband G continued to commit the crime in this case; the crime is not good, such as actively aiding and abetting a perjury; the circumstance that the defendant led to the crime of aiding and abetting was already reflected in the court below; the motive and circumstances of each crime in this case; the situation before and after the crime in this case; the degree of damage; and other various matters provided for in Article 51 of the Criminal Act, which are the defendant's character and behavior as shown in the records and arguments, and there are no grounds for appeal.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered as per Disposition.

참조조문