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(영문) 인천지방법원 2015.09.18 2015노1930

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, E, the owner of the instant establishment, was aware that the instant establishment was a sexual traffic place, and thus, E’s rent received from the Defendant constitutes criminal proceeds.

Therefore, among the 10,200,000 won that the Defendant received from G and I, 7,50,000 won equivalent to the five-month amount paid to E during the instant crime period should be deducted from the additional collection charge. However, the lower court, which collected 10,20,000 won from the Defendant, erred by misapprehending the legal principles on additional collection, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment and one year of suspended execution, additional collection) is too unreasonable.

2. Determination:

A. According to the record on the assertion of misapprehension of legal principles, the Defendant: (a) leased the instant establishment from E, the owner of the building, and sublet the instant establishment to G and I during the crime period; (b) provided the place of sexual traffic, which is an act of arranging sexual traffic, such as arranging sexual traffic; and (c) provided G and I with a total of KRW 10,200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000

Therefore, the decision of the court below is just, and the defendant's assertion of legal principles is not accepted.

B. As to the assertion of unfair sentencing, the Defendant’s confessions all of the instant crimes and reflects them, and the absence of the same criminal record, etc. are favorable to the Defendant. However, the act of arranging sexual traffic does not have considerable social harm, such as harming the sound sexual culture and good morals by commercializing women’s sex, and the act of arranging sexual traffic establishes a sound sexual culture and preventing the spread of illegal sexual traffic establishments.