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(영문) 서울동부지방법원 2015.04.09 2015노292
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (one year and four months of imprisonment with prison labor for Defendant A, eight months of imprisonment with prison labor for Defendant B, and eight months of imprisonment with prison labor for Defendant C) is too unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant A, the fact that the Defendant led to confession and reflects each of the crimes of this case, and that there is a family member to support is favorable to the Defendant.

However, even though the defendant had been punished for the same kind of crime on two occasions, he/she again committed each of the crimes in this case, and played a leading role in the crime as the owner of the business, he/she operated his/her business closely and systematically, and not only operated his/her business, but also operated his/her place of business with the long period of business, etc., which are disadvantageous to the defendant. In light of the above circumstances and other factors, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., as mentioned in the argument of this case, it is not deemed unfair for the court

B. As to the grounds of appeal by Defendant B, the following facts are favorable to the Defendant: (a) the Defendant led to confession, reflect, and not repeating the instant crime; and (b) the Defendant was recently employed and was engaged in normal workplace life.

However, the defendant not only has the record of punishment three times for the same crime, but also has committed the crime of this case again during the suspension period immediately after the judgment for the same crime became final and conclusive, and the degree of participation in the crime is not less and less severe than that of the defendant. Considering the above circumstances and other factors, taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too excessive.

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