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(영문) 인천지방법원 2017.08.04 2017노1959

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence (Defendant A: Imprisonment with prison labor for 6 months, Defendant B: imprisonment for 6 months, suspension of execution for 2 years, and community service order for 80 hours) declared by the lower court is too unreasonable.

2. The Defendants recognized all the crimes of this case and reflected their mistakes, and the Defendant’s family members and branch members want to take the Defendant’s wife.

Defendant

B is the disabled of class 3 with brain-related diseases, and the health condition of the Defendants is not good.

However, the crime of this case was committed in collusion by the Defendants to employ adult women while operating a massage room and arrange them to engage in commercial sex acts. In light of the method and contents of the crime, business period, and mediation of commercial sex acts, etc., the crime of this case is heavy in view of the adverse effects on our society.

Defendant

A’s investment funds are the basis for establishing the instant sexual traffic business establishment, and the degree of participation by the said Defendant is less than that of the said Defendant.

In addition, the crime of arranging sexual traffic has already been subject to a summary order of fine twice due to the crime of arranging sexual traffic, and further, even if the crime was committed on March 5, 2015 by a sentence of imprisonment with prison labor for the same crime as the same crime on March 5, 2015, the crime of this case has been committed for a suspended period of two years, and there is a high possibility of criticism.

I would like to say.

Therefore, even if considering the favorable circumstances for Defendant A, in light of the above criminal facts and the degree of illegality, it is determined that the above Defendant cannot be exempted from punishment.

Defendant

B is deemed to play a leading role in the settlement of operating costs in the course of engaging in sexual traffic brokerage business. Therefore, the corresponding punishment is necessary, and the specific method and time of community service work can be determined in a flexible manner by the competent guardian in consideration of the circumstances, health conditions, etc. of the defendant at the execution stage.