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(영문) 전주지방법원 2016.02.17 2015노1649
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment below

The part of the judgment of Defendant A regarding each of the crimes of Articles 6, 7, 8, and 9 shall be reversed.

Defendant

A No. .

Reasons

1. The decision of the court below on the summary of the grounds for appeal (as to the crimes listed in the Judgment of the court below Nos. 1, 2, and 4: Imprisonment with prison labor for 10 months and the crimes listed in the Decision of the court below No. 6, 7, 8, and 9: imprisonment for 6 months, Defendant C: imprisonment for 6 months, suspended execution for 1 year, and community service order for 40 hours) is too unreasonable.

2. Determination

A. The judgment of Defendant A on the argument that sentencing for each of the crimes set forth in Articles 1, 2, and 4 of the judgment of Defendant A is unfair should be taken into consideration in favor of the Defendant A, with the fact that Defendant A led to the confession of the crime in this part, and that Defendant A did not have any record of criminal punishment for the same crime as that of this part.

However, this part of the crime committed by Defendant A, along with G, arranging sexual traffic in the Thailand on 37 occasions and systematically with female women in Thailand, is serious in light of the content, method and frequency of the crime, and the nature of the crime is committed, Defendant A committed this part of the crime during the period of probation due to fraud, etc., and all of the sentencing conditions in the argument of this case, including Defendant A’s age, sexual behavior, family environment, etc., it is not recognized that the lower court’s sentence imposed on Defendant A with respect to this part of the crime is too unreasonable.

Therefore, the defendant A's argument that this part of the sentencing is unfair is not accepted.

B. In light of the fact that the crime of fraud in this part of the judgment of Defendant A with respect to the illegal argument of sentencing for each crime of Articles 6, 7, 8, and 9 of the judgment of Defendant A was committed by deceiving the victim as if Defendant A would immediately repay the crime, thereby deceiving the victim with the amount of KRW 51 million and USD 225,00 for four times, and the nature of the crime was serious, and Defendant A had a record of criminal punishment several times due to the crime of fraud, it is necessary to punish Defendant A with strict punishment.

However, Defendant A led to the confession of this part of the crime and reflects the mistake, and this part of the crime is a crime such as fraud for which judgment becomes final and conclusive, and criminal law.

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