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(영문) 인천지방법원 2019.05.17 2019노732
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

No. 1 shall be forfeited.

The defendant 28. 28.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of one year and two months, confiscation, additional collection of 28,00,000 won) is too unreasonable.

2. The judgment-based brokerage business committed the instant crime with a view to punishing a relatively large amount of money for a short time, and committed the instant crime during the period of suspended execution, and continued to conduct a business even after the detection of a sexual traffic brokerage business, even though it is highly illegal, which is highly likely to undermine the sound sexual culture and good morals by commercializing a woman’s sex.

However, considering the following as a whole: (a) the Defendant reflects his mistake; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant’s age, character and conduct, environment, the period and amount of business intermediary business, the circumstances after the crime was committed; and (d) the sentencing conditions indicated in the record, such as the circumstances after the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following decision is rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (referring to the brokerage of sexual traffic and each case), Article 20 (1) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense (the point of advertisements mediating sexual traffic);

1. The punishment of the act of arranging sexual traffic, etc. is imposed in consideration of the circumstances unfavorable to the defendant, as seen below, by additionally collecting the criminal proceeds of selective imprisonment with prison labor, and considering the reasons for sentencing.

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