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(영문) 대전지방법원 2017.03.29 2016노3714
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year of imprisonment, additional collection 3,7310,00 won) is too unreasonable.

Judgment

A. Sentencing is a favorable condition that the Defendant recognized the instant crime with regard to the illegality of sentencing, and reflects the mistake, there is a family member to support, and there is no record of criminal punishment except for those sentenced to a fine once due to the same kind of crime.

However, even if punishment for the same crime was imposed on two occasions, it is unfair that the act of arranging sexual traffic has been conducted against many unspecified persons by using the high spreading Internet, it is difficult to view the period of business as a short-term period, and criminal proceeds have a lot of criminal proceeds, it seems that the defendant continuously committed the crime, such as posting a sexual traffic advertisement even after the control, and the circumstances after the crime are somewhat inappropriate, such as making a false statement at an investigative agency to conceal the crime, installing CCTV around the business establishment to avoid crackdown, using a number of cell phoness (Evidence Record 9 through 11) in connection with other sexual traffic brokers, and the Act on Criminal Conduct, such as identifying customers, preventing regulation in advance, disseminating information on real-time control in connection with other sexual traffic brokers, or sharing the contact information of public officials (Evidence Record No. 234 through 236).

In full view of the above circumstances and other circumstances, the lower court’s punishment is too excessive and is not deemed unfair, taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, background leading up to the commission of the crime, means and consequence of the crime; and (b) the circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

B. In the trial of the defendant, the court below's judgment as to whether the amount of the surcharge should be calculated on the basis of the defendant's statement is legitimate and it will be examined.

confiscation;

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