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(영문) 인천지방법원 2016.04.29 2015노4266
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (Defendant A: 2 years of suspended sentence in July, 120 hours of community service order, confiscation, additional collection of KRW 5790,00, and fine of KRW 3 million in case of Defendant B) is too uneased and unfair.

2. Determination

A. In light of the number of officetels (six units) and the number of employees (eight units) leased without a short period of up to two months for Defendant A’s instant sexual traffic business establishment, the business size is considerable; and the fact that Defendant A was punished by a fine of up to five million won on September 18, 2014 for the same crime is unfavorable.

However, in light of the favorable circumstances such as the Defendant’s mistake, and there is no previous conviction in addition to the above previous convictions, and other favorable circumstances such as the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s above assertion is without merit.

B. Defendant B’s aiding and abetting the act of arranging sexual traffic by lending funds to Defendant A and assisting in the operation of the instant sexual traffic business establishment is an unfavorable circumstance.

However, in light of the facts that the Defendant recognized his mistake and did not lead the operation of the instant sexual traffic business establishment, favorable circumstances such as the first offender who has no criminal history, and other factors of sentencing as shown in the records and theories of this case, such as the Defendant’s age, sex, occupation and environment, motive and circumstance leading the instant crime, etc., the lower court’s punishment is too unfeasible and unreasonable, and thus, the prosecutor’s above assertion is not reasonable.

3. In conclusion, the prosecutor's appeal against the defendants is without merit. Thus, all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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