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(영문) 대구지방법원 2018.08.23 2018노1901
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding that the Defendant was engaged in the act of arranging sexual traffic; however, he was employed by B and worked as an employee when he was employed by B, not jointly with B.

B. The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence examined by the court below as to the assertion of mistake of facts, B provided funds necessary for the defendant to operate the brokerage business of sexual traffic, and sufficiently recognized the fact that the defendant operated the main business and divided B and half of profits. Thus, the defendant committed an act of arranging sexual traffic in collusion with B in collusion with B.

may be seen.

Therefore, the court below did not err by misapprehending the facts and adversely affecting the judgment.

B. While the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic, the Defendant was punished by a fine by engaging in sexual traffic brokerage during the suspended sentence period, and committed the instant crime at the same time.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The Defendant’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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