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(영문) 광주지방법원 2017.05.17 2016노3949
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, two years of suspended execution, two years of protection, observation of protection, community service, 160 hours, 40 hours of sexual traffic prevention, and 300,000 won of additional collection) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is a favorable condition that the defendant made a confession of the crime of this case and reflects his mistake in depth, and that the defendant has no record of being punished for the same crime.

On the other hand, it is an unfavorable circumstance that sexual traffic mediation is in need of strict punishment because of the lack of social harm such as commercialization of sex and harm to the sound sexual culture and good morals.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or unfluent, and thus, the Defendant and the Prosecutor’s assertion is without merit

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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