성매매알선등행위의처벌에관한법률위반(성매매알선등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that each sentence of the court below (the three years of suspended execution in one year of imprisonment for each of the defendants A and B, the community service work 120 hours, the defendant C: the suspended execution in six months of imprisonment, and the defendant D: fine of three million won) is too unfeasible and unfair;
2. Determination
A. Although Defendant A, B, and C’s act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing female sex, and there is a need for a simple and severe punishment for those who run or participated in illegal sexual traffic businesses in order to prevent the spread of the illegal sexual traffic businesses, and to establish a sound sexual culture, it is necessary to punish them, and the Defendants do not have much scale of business such as arranging sexual traffic over 852 times for three months, it is recognized that the Defendants did not repeat the crime of this case in the future when they go against their awareness of their mistake and go against their depth. Defendant A did not have any history of punishment for the same kind of crime except for those sentenced once in 2009. Defendant C did not have any history of punishment for the same kind of crime after being sentenced to a suspended sentence of 200 years for more than 13 years. Defendant B did not have any history of punishment for the same kind of crime, Defendant B’s age, age, character and behavior, motive and motive of the crime of this case, etc.
B. Defendant D’s act of arranging sexual traffic does not have much social harm, such as harming the sound sexual culture and good morals by commercializing a woman’s sex, and it is recognized that it is necessary to operate or engage in illegal sexual traffic business establishments in order to prevent the spread of illegal sexual traffic business establishments and to establish a sound sexual culture, but it is necessary to punish or punish a person who has participated in such business. However, Defendant D’s act of arranging sexual traffic is an initial offender with no history of criminal punishment, and the frequency of the crime is 31 times.