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(영문) 창원지방법원 2018.06.14 2018노326
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants of the public prosecutor (Defendant A: imprisonment of one year and six months, additional collection of KRW 197,564,00, KRW 8 million for Defendant B, additional collection of KRW 560,00 for fines of KRW 8 million for Defendant B) is too unfasible and unfair, and it is unlawful against Defendant A by omitting additional collection of KRW 3867 for the case.

B. Defendant A’s punishment is too unreasonable.

2. Determination

A. As stated in its reasoning, each sentence imposed on the Defendants by the lower court by comprehensively taking into account various favorable or unfavorable circumstances for the Defendants and the Defendants, as alleged by the Defendants A, shall be appropriate, and it does not seem that it is too heavy or too minor as alleged by the Defendants A, or as alleged by the Prosecutor.

B. According to the prosecutor’s investigation report on the prosecutor’s assertion regarding collection of additional collection against the Defendant A (the attachment of some of the transaction details of the new bank passbook to the victim) the Defendant received KRW 1,517,00 from B.

However, B’s statement on the said money (Nos. 3 and 132 of the evidence record, and “in order to have the authority over the money on which punishment is imposed, it would have the effect of transferring it to the head of the Tong.”

“) The foregoing money alone is insufficient to recognize that it was the profit acquired from the instant crime, and there is no other evidence to acknowledge it, and the prosecutor’s assertion that the said money was omitted is not acceptable.

3. Conclusion, Defendant A’s appeal and the Prosecutor’s appeal against the Defendants are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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