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(영문) 부산고등법원 2016.10.12 2016노533
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (two years of imprisonment and three years of suspended execution, etc.) is too unhued and unfair;

2. The crime of this case is a circumstance unfavorable to the defendant, such as: (a) the defendant employed a female in the Thailand who is unable to find a job in the Republic of Korea and operated a so-called news report room; (b) let the above female work as a entertainment restaurant, etc.; and (c) arranging sexual traffic if the customer wants; (d) the act of arranging sexual traffic is not good for lack of social harm, such as impairing the sound sexual culture and good morals by commercializing the female sex; and (e) the defendant committed the crime of this case, such as employing nine Thailand women and providing accommodation for them; (c) the defendant received considerable profits from the crime of this case; and (d) the fact that the female juvenile was also included in the birth country in which the defendant was employed.

On the other hand, however, the defendant recognized all of the crimes of this case and abused women employed by the defendant, the defendant was detained for not less than six months due to the crimes of this case, the defendant has no record of punishment exceeding the same criminal records and fines, and the defendant abused women employed by the defendant.

Taking into account the circumstances favorable to the defendant, such as the fact that the court does not seem to have been forced to engage in sexual traffic due to violence, etc., and other factors such as the defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, the sentencing conditions stipulated in Article 51 of the Criminal Act and the sentencing guidelines for the establishment of the Supreme Court’s Sentencing Committee, etc., it cannot be deemed that the sentence imposed by the court below is too una

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

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