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(영문) 대전지방법원 2017.12.06 2017노1952
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. The circumstances are favorable to the Defendant’s recognition of the instant crime and reflects the mistake in depth, the operation period of the instant sexual traffic establishment is relatively short and appears to have not been actually acquired, the fact that there is no record of punishment for the same type of crime, the support for the two children, and the economic difficulty is very difficult.

However, in light of the details of the crime and the method of the crime, such as arranging sexual traffic against many unspecified persons, after the defendant employed a foreign woman, it is not good in light of the nature of the crime and the method of the crime. The crime related to sexual traffic is detrimental to the sound sexual culture and good morals, and thus, it is necessary to strictly punish it. The fact that the defendant has been punished several times, including the suspended sentence of imprisonment, due to the crime of this kind, is disadvantageous.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, and circumstances after the commission of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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