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(영문) 창원지방법원 2015.10.01 2015노1752
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

D The judgment of the court below against D shall be reversed.

Defendant

D. A person shall be punished by imprisonment for not less than six months.

Defendant

D 6,870.

Reasons

1. Summary of grounds for appeal;

A. Defendant D asserts that the punishment imposed by the court below (the punishment of August, additional collection of 6870,000 won) is too unreasonable.

B. The prosecutor asserts that the sentence imposed by the court below on Defendant C (two years of suspended sentence, confiscation, additional collection of KRW 25,75,000) and the sentence imposed on Defendant D is too uneased and unreasonable.

2. Determination

A. Defendant C’s crime of arranging sexual traffic is recognized that the crime of arranging sexual traffic is committed in the instant case, even though Defendant C had a record of being punished by a fine for the same kind of crime around August 2014, even though it had been committed on the same day, it is recognized that the crime of arranging sexual traffic was committed in order to prevent the spread of illegal sexual traffic establishments without considerable social harm, such as the commercialization of women’s sex and undermining sound sexual culture and good morals.

However, considering the fact that Defendant C recognized the crime of this case as well as erroneous facts, the fact that there has been no record of punishment exceeding the fine so far, there is a family member to support the crime of this case, and the fact that the gains acquired by the crime of this case seems to have been significant, etc., the circumstances favorable to Defendant C are considered as follows: (a) there is no special circumstance or circumstance newly considered in sentencing after the sentence of the lower judgment; (b) there is no change in the age, character and behavior, character and environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime of this case, and all other circumstances that form the conditions for sentencing as indicated in the arguments and records, it is not recognized that the sentence imposed

B. The crime of this case committed by Defendant D in part of Defendant D was leased to Defendant C with the knowledge that the crime of this case was operated by sexual traffic establishments, and Defendant D operated sexual traffic establishments.

The crime of this case was committed in another time even though it was under trial by crackdown, and the fact that it was provided for sexual traffic is known.

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