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(영문) 서울서부지방법원 2017.09.28 2017노366
성매매알선등행위의처벌에관한법률위반(성매매)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal, when considering the fact that there is a big social disorder in the sexual traffic business and that the defendant operates a sexual traffic business establishment near a year, the punishment imposed by the court below is too uneasible and unfair.

2. Although it is recognized that the act of arranging sexual traffic is highly likely to cause severe harm to the society by damaging the sound sexual culture and good morals, it does not seem that the punishment imposed by the court below is too unreasonable, considering the following as a whole: (a) the defendant recognizes the crime and reflects his mistake; (b) the defendant has no special criminal history, except for the punishment imposed once due to the violation of the Act on the Establishment of Local Reserve Forces; and (c) other various sentencing conditions in the records and arguments, such as the defendant's age, sexual behavior, environment, and circumstances leading up to the crime, etc.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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