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(영문) 서울북부지방법원 2016.05.19 2015노2179
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

C All appeals filed against Defendant A by the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of suspended sentence in April, confiscation, additional collection KRW 3,00,000) of Defendant C is too unreasonable.

B. The lower court’s sentencing against Defendant A (the probation period of ten months, the community service order of one hundred and twenty hours, confiscation, additional collection of 17,22,00 won) of the Prosecutor’s Defendant A is deemed to be too uneasy and unreasonable.

2. Determination

A. Although there are no circumstances to consider the grounds for appeal by Defendant C in light of the circumstances such as the time to commit the instant crime and the fact that there is no record of criminal punishment, the act of arranging sexual traffic is highly harmful to society, such as the commercialization of women’s sex and harm to the sound sexual culture and good morals, and there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the lower court was rendered, and other various circumstances that form the conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime was committed, etc., the lower court’s sentencing is determined within the reasonable and appropriate scope, and it is not determined as unfair because it is excessively unreasonable.

Therefore, Defendant C’s above assertion is rejected.

B. As to the grounds for appeal by the prosecutor, Defendant A continued to operate another business even though one place of sexual traffic business was under the control of the two places of business, and the act of arranging sexual traffic has great social harm and harm, such as the commercialization of women's sex and harm to the sound sexual culture and good morals, it is necessary to strictly punish the above Defendant.

However, in full view of the fact that Defendant A was aware of each of the crimes of this case and divided, there was no record of criminal punishment for the same kind of crime, and the above Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, etc., and all of the sentencing circumstances shown in the records and arguments, such as the circumstances after the crime, the sentencing of the lower court is determined.

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