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(영문) 인천지방법원 2015.03.20 2014노4750
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (limited to six months of imprisonment, two years of suspended execution, fine of eight million won, confiscation) is too uneased and unreasonable.

2. The act of arranging sexual traffic does not have much social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a good and serious punishment to prevent the spread of illegal sexual traffic business establishments, and to establish a sound sexual culture, and the Defendant leased 11 officetels, committed the instant crime by leasing an officetel, and the Defendant did not short the period of the crime, and committed the same crime repeatedly even after the crackdown.

However, in full view of the facts that the Defendant led to the instant crime, that there was no record of punishment for the same kind of crime, and other various sentencing conditions as shown in the records and pleadings, such as the Defendant’s age and behavior environment, and the circumstances before and after the instant crime, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, since Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is clearly omitted in the application of the law of the court below, it shall be corrected to add it ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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