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(영문) 인천지방법원 2019.05.17 2018노3510
성매매알선등행위의처벌에관한법률위반
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The defendant above.

Reasons

1. The summary of the grounds for appeal is improper because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, confiscation, additional collection of 85,00 won) is too unreasonable.

2. Although the act of arranging sexual traffic is highly harmful to the society by commercializing a woman's sex and undermining the sound sexual culture and good morals, the defendant's act of arranging sexual traffic in his/her business is not against the punishment for the crime of this case.

However, considering the following as a whole: (a) the Defendant reflects his mistake; (b) the period of operation of a sexual traffic business establishment is very short and the profits acquired therefrom seems not to be high; (c) the social relationship is clear, such as the Defendant’s family and branch members wanting to have the Defendant’s prior address; and (d) the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following decision is rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to that of each corresponding column of the judgment below. Thus, they are cited as it is 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 of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order is examined in consideration of various circumstances.

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