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(영문) 광주지방법원 2016.11.16 2016노3343
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

All appeals filed by A, B, C, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and C’s punishment (i.e., imprisonment of one year and three months, and additional collection of 6250,000 won; (ii) imprisonment of two months and four months; (iii) imprisonment of one year, confiscation, additional collection of one year, 35,453,820 won) imposed by the lower court on the Defendants is unreasonable.

B. The Prosecutor (the Defendant) sentenced by the lower court to the Defendants (each of the above punishments, Defendant D’s imprisonment with prison labor for a period of six months, two years of suspended execution, confiscation) is deemed to be too uneasible and unfair.

2. The crime of arranging the sexual traffic in this case requires strict punishment as to the commercialization of women's sex and harm sound sexual culture and good custom; Defendant A and B committed some of the crimes in this case during each repeated crime period; Defendant C committed the crime in this case without being among the persons despite the fact that they were under probation period; Defendant A and C committed the crime in this case; Defendant A and C did not short of the period of operation of kiscs; Defendants kiscing the kis that they operated, and the kiscks that they controlled to the investigation agency, which led to a false confession and confusion in the investigation.

On the other hand, there are more favorable circumstances such as the Defendants’ mistake and reflectiveness, Defendant D is the first offender, the rest of the Defendants did not have any criminal record due to the same arrangement of commercial sex acts or the escape of criminals, Defendant A’s agreement with the injured victim, and Defendant B’s family members and friendship with the above Defendant’s wife against the above Defendant.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant A, B, and C’s assertion is without merit.

3. In conclusion, the appeal filed by the defendant A, B, and C is without merit. Thus, all appeals filed by the defendant A, B, and C are in accordance with Article 364 (4) of the

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