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(영문) 인천지방법원 2014.05.02 2013노3893
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the probation, the community service work and the collection of 10 million won) is too unreasonable;

2. The judgment is that the defendant was aware of the crime of this case and the mistake is divided, and the closure of business after the crime of this case is favorable to the defendant.

However, the court below determined that the punishment is to be imposed in full consideration of the circumstances favorable to the defendant, and it is difficult to view that there is a change in circumstances that may differ from the judgment below and the punishment of the defendant. The act of arranging sexual traffic does not have a significant social hazard, such as the commercialization of women's sex and the harm to the sound sexual culture and good morals, and the punishment is to be imposed in order to prevent the spread of illegal sexual traffic establishments, and to establish a sound sexual culture. While the defendant has already been punished for a crime committed by arranging sexual traffic at the same place, it is inevitable to punish more severe punishment than punishment is inevitable, and Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that the money and valuables acquired by arranging sexual traffic should be confiscated and collected additionally, and according to the records, the amount of the surcharge imposed by the court below is calculated on the basis of the business period and the average amount of revenue of the defendant, and the records and arguments expressed before and after the crime are too inappropriate.

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

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