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(영문) 울산지방법원 2016.02.05 2015노1377
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (Defendant A: fine of 7,00,000, and fine of 5,000,000) of the lower court is too uneased and unreasonable.

2. The act of arranging sexual traffic, such as this case, does not have a significant social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires strict punishment to prevent the spread of illegal sexual traffic establishments, and to establish a sound sexual culture. Defendant A, as the owner of the business of this case, was equipped with five secret rooms and led the sexual traffic intermediary business. Defendant B, even though there had been two times of past records of being punished by fine for the same kind of crime, is disadvantageous to the Defendants.

However, the Defendants recognized the crime of this case and reflect on the fact that the business period of the instant sexual traffic establishments is relatively short, and thus, the Defendants seems to have never been punished for the same crime; Defendant A did not have any record of punishment; Defendant B was merely aiding and abetting the crime of this case; Defendant B seems to have no record of punishment except for those aiding and abetting the crime of this case and having been punished twice as the same crime was committed; Defendant B seems to have not good health condition; Defendant B is currently employed in another workplace and supporting his family; and other various sentencing conditions as shown in the arguments of this case, including the Defendants’ age, sexual behavior, home environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., it is not recognized that the sentence of the lower court is too unjustifiable and unfair.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit. It is so decided as per Disposition by the court below (Article 55(1)3 of the Criminal Act).

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