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(영문) 대구지방법원 2017.05.24 2016노5168
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the amount of KRW 5 million, confiscation, additional collection of KRW 2,1590,00) is too unfluent and unreasonable.

2. It is recognized that the defendant was the first offender without any previous conviction, but on the other hand, because the crime of this case is not highly detrimental to society, such as undermining the sound sex culture and good morals, etc., the defendant employed Vietnam women and committed the crime of this case, and the defendant has shown a attitude of light of criminal trial procedures, such as the defendant's continuous absence in court, etc. In addition, considering the defendant's age, sex, environment, family relationship, etc., the court below's punishment is too unfavorable and unfair, and considering all the sentencing conditions specified in the records and arguments of this case such as the defendant's age, sex, environment, family relationship, etc., the prosecutor's assertion has merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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