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(영문) 대전지방법원 2014.12.17 2014노1982
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal (unfair punishment) is too unreasonable that the punishment (limited to six months of imprisonment, two years of suspended execution, two years of probation, 80 hours of social service) imposed by the court below is too unreasonable.

Judgment

The crime of this case is committed by the defendant in collusion with A for a period of more than two months and not less than the liability of the defendant for the crime of arranging commercial sex acts. The act of arranging commercial sex acts does not have much social harm, such as the commercialization of women's sex and harm to the sound sexual culture and good morals, and requires strict and strict punishment in order to prevent the spread of illegal sexual traffic establishments, and to establish a sound sexual culture. The defendant claims that A exclusively operated commercial sex acts, but even according to the defendant's statement, the profit distribution ratio was 5:5; the defendant operated the commercial sex acts of this case only with the money invested by the defendant; the defendant recovered all of the money invested by the defendant; and the defendant and the defendant's assertion is difficult to accept.

However, in full view of all the circumstances that are favorable to the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is too unreasonable, considering the following: (a) there is a circumstance in which it is difficult to see that the Defendant actively participated in the operation of a sexual traffic business establishment; (b) the amount invested by the Defendant is relatively small; (c) the Defendant’s primary offender who has no record of criminal punishment; (d) the size and period of operation of the instant sexual traffic business establishment; and (e) the Defendant’s age, character, environment, motive and circumstance leading

In conclusion, the defendant's appeal is reasonable, 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.

[Judgment] Summary of criminal facts and evidence shall be the defendant.

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