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(영문) 인천지방법원 2014.12.26 2014노3911
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is that each sentence (for the defendant A, six months of imprisonment, confiscation and collection, and six months of imprisonment) of the court below is too heavy (for the defendant A), or it is too unfeasible (for the defendant B, six months of imprisonment).

2. The act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a good and serious punishment in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture. The period of the instant crime is about five months, and the instant crime was committed for a prolonged period of up to five months, and the crime was repeatedly committed in the same place even though it was subject to one time during the commission of the crime, etc. at the same time is disadvantageous to the Defendants.

However, in full view of the fact that the Defendants were aware of the instant crime and committed the instant crime for more than five months, that Defendant A was the first offender and Defendant B was sentenced to a fine for the same kind of crime, and that there was no particular force except for Defendant B, and other various sentencing conditions as shown in the records and arguments, such as the age and happiness environment of the Defendants and the circumstances before and after the commission of the crime, the lower court’s punishment against the Defendants is too unreasonable.

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

Criminal facts

The summary of the facts charged against the Defendants and the summary of the evidence recognized by this court is the same as that of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. The Defendants of relevant criminal facts: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor.

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act and the conditions favorable to the Defendants as seen earlier are considered.

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