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(영문) 인천지방법원 2015.05.15 2015노418
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (the imprisonment of eight months and the fine of three million won, the suspended execution of two years, the probation, the confiscation) is too unreasonable.

2. The following facts are favorable circumstances: (a) the Defendant confessions and reflects the instant crime; and (b) there is no record of criminal punishment exceeding the fine and there is no record of criminal punishment; (c) while 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 the female sex; (d) the act of arranging sexual traffic is in need of simple and strict punishment in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture; (e) the act of arranging sexual traffic continues to engage in sexual traffic even after the commission of the instant crime was first controlled by the investigative agency without the small scale of the instant crime; and (e) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, speculative environment, and the circumstances before and after the instant crime, etc., the Defendant’s punishment against the Defendant

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

[However, in the judgment of the court below, it is clear that "No. 3 (In Incheon District Public Prosecutor's Office, No. 3402, 2014) seized evidence" is an erroneous entry of "No. 1 (In Incheon District Public Prosecutor's Office, No. 3402, 2014, and Samsung mobile phone 1) seized evidence" in the judgment of the court below, and it is corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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