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(영문) 서울서부지방법원 2013.08.22 2013노597
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment has become final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendants (200 hours of probation of the two-year social service in June, and 20 hours of probation of the two-year social service in June) is too unreasonable.

2. The crime of this case was committed in collusion with the Defendant Company A to lease four rooms of officetels, employ female employees, and offer customers to engage in commercial sex acts for approximately a week, and when regulating them, the crime of this case was committed in collusion with the Defendant Company B, and thus, the crime is not good in light of the Defendants’ criminal law and the scale of the crime, etc., and the act of arranging commercial sex acts is not likely to undermine the sound sexual culture and good customs, and thus, it is disadvantageous to the Defendants. The crime of this case was committed in collusion with the Defendant Company B to prevent the proliferation of illegal commercial sex acts and to prevent the spread of the illegal commercial sex acts and to establish a sound sexual culture.

However, in full view of all the sentencing conditions, including the Defendants’ age, character and conduct, motive and background of the instant crime, and circumstances after the crime, the lower court’s punishment against the Defendants is somewhat unreasonable, and thus, the Defendants’ assertion of unfair sentencing is justified, on the grounds that the Defendants’ period of operation of a sexual traffic business establishment is one week, and Defendant A’s business operation was controlled on the day of commencement of the instant business. The Defendants recognized all the instant crimes and are in profoundly against the Defendants.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded.

Criminal facts

Criminal facts recognized by this court as well as summary of the evidence fall under both the original judgment and the summary of the evidence.

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