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(영문) 대구지방법원 2017.12.08 2017노3606

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (a year of imprisonment, confiscation, additional collection of KRW 10,015,00) sentenced by the lower court is too unreasonable.

B. The Prosecutor’s sentence that the lower court sentenced the Defendants (as above, Defendant A: one year of imprisonment, two years of probation, protection observation, and community service order 240 hours, confiscation, additional collection KRW 10,015,00) is too uneasy and unreasonable.

2. Determination

A. On the other hand, although it is recognized that the above defendant committed the crime of this case and continued to commit the crime of this case even after a fine has become final and conclusive while he was under trial after he committed the crime of this case, it is recognized that the above defendant recognized the crime of this case and there is no record of criminal punishment other than the above fine, that the defendant was detained by the crime of this case, the defendant's age, sex, environment, family relations, circumstances after the crime of this case and other factors after the crime of this case are considered to be unfair, the court below's punishment is too unreasonable, and since the above defendant's argument of this part is justified and this part of the defendant's assertion is without merit.

B. Although Defendant B’s act of arranging sexual traffic is not highly harmful to society, such as undermining the sound sexual culture and good morals, the period of the crime of this case is shorter, and the above Defendant’s act continues to commit the crime of this case even after a fine has become final and conclusive, it is recognized that the above Defendant recognized the crime of this case and reflects it, and there is no record of criminal punishment exceeding the fine of the above Defendant.