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(영문) 수원지방법원 2017.12.22 2017노7815
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. A summary of the grounds for appeal 1) Defendant’s punishment (a prison term of eight months, additional collection) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The fact that the defendant led to the confession of his mistake in the facts charged in this case, appears to have closed the marina business after the crime in this case, there is a family member to support the defendant, and that the family of the defendant wants to support the defendant, is favorable to the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

Defendant is guilty of criminal punishment for the same crime.

The crime of this case is a case where the defendant operated two business places for about 8 months, and the other one operated for about 4 months, and arranged sexual traffic, and it is not good that the crime is committed in light of the period of crime, scale of business, etc.

Although the Defendant has been under the control several times during the period of crime, the Defendant continued to arrange sexual traffic.

In light of the legislative intent of the Act on the Punishment of Acts, such as arranging sexual traffic to eradicate the act of arranging sexual traffic, the crime of each of the crimes of this case is minor.

shall not be deemed to exist.

In addition, considering the defendant's age, sex, environment, circumstances and result of the crime, the circumstances after the crime, the sentencing guidelines (referring to six months to one year and four months) / [the scope of the recommended punishment / [the scope of the sexual traffic crime subject to the age of 19 years or older] and the basic area (six months to one year and four months) (no person subject to special sentencing) of the basic area (referring to the mediation of sexual traffic by business, receipt, payment, etc.) / [the person subject to special sentencing], the sentence of the court below shall be proper, and it shall not be deemed that the sentence is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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