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(영문) 인천지방법원 2015.09.16 2015노2984
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The act of arranging sexual traffic does not have any social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and the fact that the act of arranging sexual traffic is in need of a simple and severe punishment to prevent the spread of illegal sexual traffic business establishments and to establish a healthy sexual culture, etc. However, it seems that the defendant led to sending time of reflect while living in custody exceeding 2 months after the confession of the crime of this case, there is no record of criminal punishment, the defendant's age and happiness environment, circumstances before and after the crime of this case, the degree of participation in the crime of this case, and other various sentencing conditions shown in the records and arguments, such as the criminal punishment, are deemed unfair because the court's punishment against the defendant is too excessive.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is cited 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, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

1. Social service order under Article 62-2 of the Criminal Act;

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