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(영문) 의정부지방법원 2017.01.17 2016노2182
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in the lower court’s punishment (for Defendant A, 6 months of imprisonment, 2 years of suspended execution, 120 hours of community service, 70,000 won of additional collection, 10 months of imprisonment, 2 years of suspended execution, 120 hours of community service, 11,925,00 won of additional collection).

2. Determination

A. It is recognized that the Defendants led to the confession of and reflect on the instant crime, the Defendants’ economic condition is not good, Defendant A is the initial offender, and Defendant C has no record of criminal punishment exceeding the same kind and fine.

B. However, the Defendants: (a) carried on the business of arranging sexual traffic in appearance, and (b) carried on the business of arranging sexual traffic in secret; (c) the period of the business is not shorter than the period of the business; and (d) the amount of profit does not seem to be so much; (b) the act of arranging sexual traffic is a highly harmful crime, such as the commercialization of women’s sex and undermining the sound sexual culture and good morals; (c) the act of arranging sexual traffic is stipulated to be necessary confiscation or collection of money and valuables or property acquired from the crime of arranging sexual traffic under the Act; and (d) there is no special change of circumstances after the decision of the court below was made; and (e) other various circumstances that are the conditions for sentencing specified in the argument of the instant case, including the age, background, and circumstances after the crime, etc., even if the above circumstances were considered in favor of the Defendants, it shall not be determined that the sentence of the court below is unfair because it is too unreasonable.

Therefore, the above assertion by the Defendants is without merit.

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

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