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(영문) 춘천지방법원 강릉지원 2014.09.02 2014노282
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s imprisonment (one year of imprisonment, one year of suspended execution, and 5.4 million won of additional collection) is too unreasonable.

B. (1) The lower court’s sentence against Defendant A (one year of imprisonment, two years of suspended execution, probation, community service, 120 hours of collection, additional collection 24,509,250 won) on the ground of unreasonable sentencing on Defendant A is too uneasible.

(2) Although Defendant C’s mistake of facts, misapprehension of legal principles, and assertion of unreasonable sentencing (A) as to Defendant C’s ownership of the same year I and J-ground Building 201 (hereinafter “instant building”) should be confiscated as the goods provided for criminal acts, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine.

(B) The lower court’s sentence against Defendant C is too unhued and unreasonable.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing by the prosecutor on the assertion of unfair sentencing by Defendant A has been subject to a fine several times for the same crime. The crime of arranging sexual traffic, such as this case, has great social harm due to the harm to the sound sexual culture and good morals, and there is a need to strictly punish the victimized women. Despite the detection of the crime at the same place several times, repeated recidivism is disadvantageous to the Defendant.

On the other hand, it is reasonable to consider the fact that the defendant led to the confession and reflect of the crime, and that the defendant was living under confinement for about 50 days due to the crime of this case, and that the defendant did not repeat again.

Considering the above various circumstances, comprehensively taking into account the Defendant’s age, occupation, motive for the instant crime, means and consequence of the instant crime, the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.

B. The defendant was notified of the circumstances where the building of this case was controlled as sexual traffic business establishments.

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