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(영문) 울산지방법원 2016.09.09 2016노1030
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution, observation of protection, and confiscation) is too uneasy and unreasonable.

2. The crime of this case is committed on the basis of the following facts: (a) the Defendant had two sexual traffic women engage in sexual intercourse with an unspecified number of male customers and operated a sexual traffic business establishment for about three months in a way of dividing profits therefrom; (b) the crime of arranging such sexual traffic is a crime that causes serious illegality to the sound sexual culture and good morals by commercializing the female sex; and (c) the crime of arranging such sexual traffic is in need of strict punishment; (d) the crime of the same kind of crime committed in the same place as this case was committed one time of punishment, one time of suspended execution, and one time of fine, which again has been punished against the Defendant.

However, in light of the fact that the defendant's mistake is recognized and did not repeat the crime of this case, the scale of the crime of this case is not large in light of the number, operation period, operational profit, etc. of sexual traffic women, and the crime of this case does not seem to have mobilized systematic and systematic methods such as employing sexual traffic women as their employees, etc. in the crime of this case, considering the circumstances favorable to the defendant and other factors of sentencing as well as the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime of this case, and the circumstances before and after the crime of this case, it is not recognized that the punishment sentenced by the court below is too unreasonable.

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

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