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(영문) 서울서부지방법원 2013.11.14 2013노963
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant (e.g., imprisonment with prison labor for up to eight months) that the court below sentenced the defendant is unreasonable.

2. The judgment below held that the defendant led to the crime of this case and recognized his mistake. However, the crime of this case was committed by employing foreigners who do not have status of stay at the illegal massage place and arranging commercial sex acts, which is inferior to the nature of the crime, which is harmful to the sound sexual culture and good morals by commercializing women's sex, and thus requires a simple and severe punishment to prevent the spread of illegal sex trafficking business establishments and to establish a sound sexual culture. There is no special circumstance or change of circumstances that may be considered in sentencing newly after the decision of the court below, and other various sentencing conditions such as the defendant's age, character and behavior, environment, size and operation period of the illegal massage treatment place of this case, and profits from the crime of this case, etc. are considered in full view of all the sentencing conditions such as the defendant's age, character and behavior, and environment, the size of the illegal massage treatment place of this case, the operating period, etc.

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

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