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(영문) 인천지방법원 2016.01.29 2015노4548
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The act of arranging sexual traffic in the market does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and it is necessary to keep the spread of illegal sexual traffic business establishments and to severely punish them. The defendant has three criminal records of the same kind. In particular, the defendant committed a violation of the Act on the Punishment of Acts, such as Arranging Sexual Traffic at the place of the crime of this case around April 10, 2015 (or brokerage, etc. of sexual traffic) and committed a violation of the Act on the Punishment of Acts, such as Arranging Commercial Sex Arrangement, etc. (or brokerage, etc. of sexual traffic) at the Seoul Central District Court sentenced 400,000 won to a suspended sentence of 2 years, without being aware of the fact that the defendant committed the crime of this case during the suspended execution period, but it is judged that the defendant led to the crime of this case, which was led to the confession of the crime of this case, the period of the crime, the age and condition of the defendant's age before and after the crime of this case, and the sentencing.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Selective Commercial Sex Acts and Subordinate Statutes concerning facts constituting an offense, Article 30 of the Criminal Act;

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