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(영문) 광주지방법원 2016.10.26 2016노1322
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal against the Defendants is that the lower court’s respective punishments (one year of suspended sentence, 1 year of probation, 40 hours in probation, 40 hours in attending the course of the sexual traffic prevention, confiscation, additional collection, and 3 million won in fines) are too uneased and unfair.

2. The act of arranging sexual traffic requires strict punishment because of the lack of social harm and injury, such as commercialization of sex and undermining sound sexual culture and good morals.

In particular, Defendant A, while receiving a summary order of KRW 5 million due to an act of arranging sexual traffic around July 2015, he/she again commits the instant crime around September 2015, he/she would be bad to commit the instant crime even after being sentenced to a fine of KRW 5 million.

However, the defendants reflect their mistakes.

Defendant

A has no record of criminal punishment except for the fine above, and Defendant B has no record of punishment for the same crime.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the application of the sentencing guidelines by the Sentencing Committee, the prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment against the Defendants is too uneasible and unreasonable.

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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