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(영문) 대구지방법원 2018.01.19 2017노3913

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (Defendant A: one year and four months of imprisonment; two years of probation; confiscation; 129,848,000 won; two years of probation; two years of probation; and one hundred and twenty hours of the community service order; Defendant C: four months of imprisonment; two years of probation; two years of probation; and one hundred and twenty hours of the community service order; Defendant D: one year of imprisonment; two years of probation; two years of probation; and one hundred and twenty hours of the community service order) are too uneased and unreasonable.

2. It is recognized that the period of the instant crime is long and the proceeds of the instant crime are considerable, that there is a history of punishing fines for the same kind of crime against Defendant A, C, and D, but the Defendants recognized their mistakes and reflects their health conditions. Defendant A has no record of punishment exceeding fines, Defendant B, C, and D’s age, sex behavior, environment, family relationship, degree of participation in the instant crime and role, and all of the sentencing conditions indicated in the instant records and theories on changes, such as circumstances after the instant crime, etc., it is not recognized that the sentence imposed by the lower court is too unjustifiable and unfair.

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