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(영문) 인천지방법원 2013.05.10 2013노509
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and four months of imprisonment, confiscation, additional collection charges of KRW 150,884,00) is too unreasonable.

2. Determination is based on the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) there is a family member to support the Defendant; (c) the agreement on an officetel provided for the instant crime was terminated on December 5, 2012; and (d) the Defendant was willing not to repeat a crime; and (c) there is no record of punishment for the same crime committed against the Defendant.

However, the court below seems to have set a punishment in full consideration of the circumstances favorable to the defendant, and there is no change of circumstances that could differ from the judgment below and the punishment of the court below. The crime of arranging sexual traffic in this case is not much likely to harm the sound sexual culture and good morals by commercializing women's sex, and it is necessary to set a simple and severe punishment against the owner of the business that operates illegal sexual traffic in this case even in order to prevent the spread of the illegal sexual traffic business establishment and to establish a sound sexual culture. The crime of distributing media products in this case is not good in light of the size and business period of the sexual traffic business establishment in this case, profits generated therefrom, etc. The crime of distributing media products in this case is not good, and the crime of distributing media products in this case is illegal distribution of advertising materials, which are media products harmful to juveniles, on the roads where the juveniles can easily access, etc., and it is not easy that the crime is committed, taking into account the circumstances of the crime in this case's period, the number of crimes in this case, and the age and conditions of the crime in this case before and after the crime.

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