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(영문) 인천지방법원 2014.08.08 2014노842
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, two years of probation, two years of social service, 400 hours of imprisonment) is too unreasonable;

2. The act of arranging sexual traffic 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 cut off and severe punishment against the proprietor of the business that operates illegal sexual traffic establishments even in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, and the defendant has leased two officetels in Bupyeong-si, Seocheon-si, Seocheon-si, and has engaged in the business of arranging sexual traffic by employing several types of sexual traffic and soliciting customers systematically and closely through the site of arranging sexual traffic. In light of the content of the crime and the applicable criminal law, the crime is inferior; the defendant distributed promotion leaflets of sexual traffic establishments; the defendant has committed the crime of distributing promotion leaflets to the sexual traffic establishments, and without being aware of the fact that he was under criminal trial as a crime of violating the Juvenile Protection Act in Incheon District Court.

However, considering all of the sentencing conditions indicated in the records of the instant case, such as the Defendant’s confession and reflect on all of the instant crimes, the period of the instant crimes, the size of gains acquired by the instant crimes, and the Defendant’s age, character and conduct, family environment, motive, means and consequence of the instant crimes, etc., the part of community service in the lower court’s sentence against the Defendant is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the part of the judgment of the court below against the defendant under Article 346 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below.

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