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(영문) 수원지방법원 2015.07.03 2014노7883
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment with prison labor for not less than 10 months, the imprisonment for not more than 2 years, the probation and the order of not more than 40 hours) of the lower court is too unreasonable; and

2. The fact that the defendant reflects the crime of this case, the defendant has no record of criminal punishment in the Republic of Korea, etc. However, the concept of "sexual traffic" under Article 2 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic includes not only sexual intercourse but also similar sexual intercourses using part of the body, such as mouth and mouth, or implements.

In full view of the following circumstances: (a) an act of arranging sexual intercourses does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women’s sex; (b) an act of arranging sexual intercourses is necessary to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture; (c) the Defendant’s act of arranging sexual traffickings in possession of the Red Seas, which is an employee (E) with KRW 110,00,00, and the fact that the nature of the offense is bad; and (d) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, etc., it is not recognized that

Therefore, the defendant's above assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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