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(영문) 인천지방법원 2015.02.11 2014노5023
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment ( Imprisonment for a year, June and February, confiscation and additional collection of KRW 60,608,890) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the prosecutor (Defendant A: imprisonment of one year and half months, confiscation and collection of 60,608,890 won, Defendant B: Imprisonment of eight months, suspended execution of two years, and additional collection of 38,60,000 won) is too uneasy and unreasonable.

2. Determination as to Defendant A does not have any social hazard, such as undermining the sound sexual culture and good morals by commercializing women’s sex, and undermining the spread of illegal sex trafficking businesses. Although Defendant A had been sentenced to suspended sentence and sentenced to a punishment for the same crime, Defendant again committed the crime of this case during the suspended sentence period; Defendant operated a commercial sex business establishment for a long time in many military areas and operated a commercial sex business establishment at a disadvantage; Defendant A’s age and environment at the same time, etc.; and Defendant A’s age and circumstances before and after criminal acts are considered to be inappropriate and less severe in full view of the following circumstances: (a) the act of arranging commercial sex acts does not have any social hazard, such as undermining the sound sexual culture and good morals; and (b) the act of arranging commercial sex acts is necessary to prevent the spread of illegal sex trafficking businesses; and (c) the Defendant committed the crime of this case again during the suspended sentence period; and (d) the Defendant operated a commercial sex business establishment for a long time; and (e) circumstances that are disadvantageous to Defendant A’s age and circumstances before and after criminal acts.

3. Prior to the judgment on Defendant B, there is a great need to strictly punish the crime of arranging sexual traffic, and Defendant B committed the instant crime even though there was a past record of suspended execution on one occasion for the same crime and of fines on two occasions, etc., which is disadvantageous to Defendant B.

However, on the other hand, Defendant B is the case.

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