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(영문) 인천지방법원 2014.11.21 2014노3270
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment, 2 years of suspended execution, 5,760,00 won of confiscation and additional collection, 5,760,00 won of imprisonment, 6 months of suspended execution and 2 years of suspended execution) of the lower court is deemed to be too unfied and unfair;

2. The defendants' time to commit the crime of this case and the mistake is divided, the period of the crime is not long, and the defendants' closure of the business of arranging sexual traffic is favorable to the defendants.

However, in light of the fact that 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, it is necessary to prevent the spread of illegal sexual traffic business establishments and establish a sound sexual culture, the Defendants committed the instant crime again even though they had already been punished by a fine on one occasion due to the criminal facts committed by arranging sexual traffic in the same place, and other various sentencing conditions as shown in the records and arguments, such as the Defendants' age and happiness environment, circumstances before and after the commission of the crime, etc., it is judged that the sentence imposed by the lower court is somewhat inappropriate.

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 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: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Articles 30 of the Criminal Act, and Articles 19(2)1 of the same Act.

1. Defendants in a suspended sentence: Circumstances favorable to the Defendants as seen earlier are considered in accordance with Article 62(1) and (3) of the Criminal Act.

1. Defendants of the community service order: Each criminal law.

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