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(영문) 대전지방법원 2019.06.19 2018노2722

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 6,00,00) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant recognizes and reflects his/her mistake; (b) the Defendant has no criminal record for the same kind of crime; (c) the period of engaging in commercial sex acts was not long; and (d) the fact that the period of engaging in commercial sex acts seems not to have much profits

On the other hand, the fact that a foreigner who does not have the status of employment sojourn operates a sexual traffic business by employing a foreigner, and the act of arranging sexual traffic is in need of strict punishment in light of the fact that there are considerable social harm and harm, such as the commercialization of women's sex, and the harm of sound sexual culture

Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.

In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.