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(영문) 부산지방법원 2017.09.15 2017노2074
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a punishment of imprisonment of one year and six months, completion of 80 hours in sexual assault treatment programs, and additional collection of 27.5 million won) is too heavy or (a prosecutor) is too heavy.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The defendant obtained a lot of income by engaging in sexual traffic to C and D, and went out at the family of loss.

All of them lack intellectual ability will be hedging with the defendant, so they continue to engage in sexual traffic in the place of detention.

It is inevitable that the defendant uses women who lack social ties, difficulties, and financial self-reliance ability as sexual traffic.

The Defendant does not have any honor to commit the instant crime immediately after the judgment of suspended execution becomes final and conclusive for the same crime.

On the other hand, the defendant did not compel the above women to engage in sexual traffic by assault or intimidation, and recognized his mistake late later.

Defendant

In the case of this case, there is a situation that the previous suspension of execution is invalidated if imprisonment is finalized due to the difference in the family.

In light of the above circumstances, the lower court’s punishment is too heavy or is deemed unreasonable by taking into account all the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. Conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25 of the Regulation on Criminal Procedure, the application of the law of the judgment below to “1. Order to attend school” shall be corrected to “1. Order to complete school”

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