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(영문) 인천지방법원 2016.05.25 2015노4160
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment with prison labor, two years of suspended execution, observation of protection, community service order 120 hours, confiscation, additional collection 31,179,000 won) is deemed to be too uneasy and unreasonable.

2. The judgment is an unfavorable circumstance that the defendant operated two commercial sex acts establishments and advertised the above establishments via the Internet, and the offender also committed the crime to be exempted from punishment as a result of the crackdown, and that he was punished by a fine of 20 million won for the same crime in 2010.

However, the Defendant led to the instant crime and reflects his mistake in depth; there was no previous conviction exceeding the fine; G, the principal offender of the instant crime, was living together with the Defendant at the time of the instant crime; and G, the Defendant, at the time of committing the instant crime, was living together with the Defendant.

Considering the favorable circumstances such as the fact that there are circumstances to take into account the circumstances, such as the fact that the spouse is the de facto spouse, and then the marriage is actually conducted, and other favorable factors such as the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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