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(영문) 대전지방법원 2017.10.25 2017노1160
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in June, and forty hours of community service order) is too unreasonable.

2. The following circumstances are favorable: (a) the Defendant recognized the instant crime and made a mistake against the Defendant; (b) the period of the instant crime is short; (c) the Defendant has no criminal record of the same kind of criminal record or suspended sentence; (d) the Defendant is responsible for the livelihood of his family members; and (e) the economic situation is very difficult for the Defendant as a recipient of basic living; and

However, in light of the criminal history and the applicable law, it is not good for the defendant to engage in the brokerage business of sexual traffic by employing foreign women illegally staying in Korea, and the crime of this case is likely to undermine the sound sexual culture and good morals, and thus is highly harmful to society, so it is necessary to strictly punish them. The fact that the defendant has been punished twice due to the crime of this kind is disadvantageous.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, and circumstances after the commission of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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