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(영문) 청주지방법원 2017.01.13 2016노1342
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a fine of eight months and fine of ten million won, confiscation, additional collection of 50,000 won) on the summary of the reasons for appeal is too unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable circumstances: (i) the act of arranging sexual traffic does not have a significant social hazard, such as undermining the sound sexual culture and good morals, and it is necessary to cut off and severe punishment against the owner of an illegal sexual traffic establishment in order to prevent the spread of the illegal sexual traffic establishment, and to establish a sound sexual culture. (ii) In the case of the crime of arranging sexual traffic in this case, the defendant has already been punished for engaging in sexual traffic at the place of the crime in this case, again committed the crime at the same place, and even after the first enforcement of the police, the defendant continued to commit the crime in this case. In the case of the crime of exercising the document investigation in this case, the above crime was committed, and the method of the crime was submitted to the prosecutor's office as well as the forged contract in the case of the crime of performing the document investigation in this case. (iii) In particular, the defendant was punished for the crime of arranging sexual traffic in around 2010, but it is highly likely to repeat the crime in this case by exceeding the sentencing guidelines set forth in paragraph (1) in the judgment.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, the defendant's double punishment cannot be accepted.

3. Thus, the defendant's appeal is without merit.

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