(영문) 부산지방법원 2018.07.06 2018노1198 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.07.06 2018노1198

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (the punishment of 6 months in prison, 1 to 3, 17,34,00 won in addition) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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

If there is no change in the conditions of sentencing compared with the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The following are favorable: (a) the fact that the accused recognizes and reflects the crime; (b) there is no history of criminal punishment exceeding the same criminal record and fine; (c) the healthy wife and children are supported; and (d) only the income of the accused operating a logistics business appears to be the only cause of the income of his family.

However, the act of arranging sexual traffic is detrimental to the sound sexual culture and good morals by commercializing women's sex, which has a lot of social harm, the defendant employs foreigners who do not have the status of stay to commit the crime of arranging sexual traffic as sexual traffic women, and the number of the crimes is not many, and the crime period is not short.

The court below determined a punishment in consideration of the above circumstances, and there is no change in the sentencing conditions compared with the court below on the ground that new sentencing materials have not been submitted in the court below.

In addition, the lower court’s sentencing is deemed appropriate, and the lower court’s sentencing is excessively heavy or light, in light of the following circumstances, such as the Defendant’s criminal history, age, sexual conduct, environment, motive, means, and consequence of the crime, and the circumstances after the crime.

subsection (b) of this section.

The defendant and the prosecutor's assertion are not accepted.

3. Conclusion

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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