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(영문) 서울동부지방법원 2014.06.26 2014노223
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, probation, community service, and confiscation) of the lower court is deemed to be too uneasy and unfair;

2. The judgment of the court below is that the defendant led to the confession and reflect of the crime of this case, the fact that the defendant will not repeat the crime of this case by commencing other businesses only with the operation of the commercial sex acts of this case, etc. However, the acts of arranging commercial sex acts do not have much social harm, such as impairing the sound sexual culture and good morals by commercializing women's sex, and it is necessary to cut off the business owner who operates the illegal sex acts of this case, even if it is necessary to prevent the spread of the illegal sex acts of this case and establish a sound sexual culture, and the defendant has already been punished two times for the same crime, and continues the commercial sex acts of this case at the same place without being informed of all, even though he had already been punished two times for the same crime, the size of the crime of this case, the period of the crime, the amount of profits acquired by the crime of this case, the age, family environment of the defendant, the circumstances before and after the crime, etc., the sentencing of the court below is somewhat inappropriate.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of "the present presence of seized articles (Evidence No. 1)" to the summary of the evidence, as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense and Article 20 (1) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

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