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(영문) 부산지방법원 2017.06.30 2017노1137
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, two years of suspended sentence, one hundred and twenty hours of community service, and the number of sub-paragraphs 1 through 4 of this Article) is deemed to be too unfluent and unfair.

2. The criminal act of arranging sexual traffic does not have a negative influence on society, and the defendant's business size appears to be reasonable, and there are good circumstances such as the defendant's actual business owner's concealment.

However, considering all of the sentencing conditions, such as the fact that the Defendant had no previous conviction for the same type, the Defendant was unemployed due to corporate restructuring even though he was dependent, and the period of the crime seems to have been relatively long, and the Defendant’s mistake is against the Defendant, the lower court’s punishment cannot be deemed as unfair because it is too unfasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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