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(영문) 대구지방법원 2019.06.14 2019노15
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (10 months of imprisonment, 2 years of probation, 40 hours of community service order, Defendant B’s imprisonment, 4 months of probation, 2 years of probation, and 40 hours of community service order) are deemed to be too unreasonable.

B. The above punishment sentenced by the prosecutor by the court below to the defendants is too unfortunate and unfair.

2. We examine both the Defendants and the Prosecutor’s assertion.

The crime of arranging sexual traffic and sexual traffic need to be strictly punished because of the lack of social harm, such as the commercialization of sex and harm to the sound sexual culture and good morals, and the defendant A was punished twice the same crime, and the defendant A continued to commit the crime of this case until June 19, 2018, even after he was punished by the police on February 19, 2018, and the defendant B was sentenced to a suspended sentence of two years on October 17, 2016 due to the same crime. It is recognized that the defendant B committed the crime of this case during the suspended sentence.

However, it is recognized that there is no criminal record other than the crime for which the suspension of execution was finalized, and that there is no criminal record other than the crime for which the above suspension of execution was finalized.

In addition, in full view of the various circumstances such as the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal by the Defendants and the public prosecutor is without merit, and all of them are made under Article 364(4) of the Criminal Procedure Act.

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