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(영문) 인천지방법원 2014.05.02 2013노3628
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (including fine of KRW 20 million, confiscation, and collection) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was aware of the crime of this case and his mistake was divided; (b) there was no record of having been sentenced to punishment or a punishment exceeding a fine for the same kind of crime; and (c) the period of the crime of arranging sexual traffic is not long.

However, the court below seems to have determined a punishment by fully considering the circumstances favorable to the defendant, and there seems to exist no changes in circumstances that would be different from the judgment of the court below, and the act of arranging sexual traffic does not have a significant social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a simple and severe punishment in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture. However, in full view of the following factors: (a) there is a bad nature of the crime by identifying police officials' telephone numbers in advance in preparation for the control of the defendant; and (b) there are various sentencing conditions that are shown in the records and arguments, such as the defendant's age and happiness environment; and (c) there is no reason to view that the sentence against the defendant is too unreasonable.

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

However, Article 71 subparagraph 1 of the "Act on the Protection of Personal Information" of the judgment of the court below is amended as "Article 71 subparagraph 1 of the Act on the Protection of Personal Information" and "Article 17 (1) 1 of the Act on the Protection of Personal Information".

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