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(영문) 인천지방법원 2015.01.30 2014노4208
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment, 2 years of suspended execution, 128,50,000 won of confiscation and additional collection, 6 months of imprisonment and 2 years of suspended execution) of the lower court are deemed to be too uneasible and unfair;

2. The act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and in order to prevent the spread of illegal sexual traffic business establishments and to establish a sound sexual culture, Defendant A is the owner of a sexual traffic business establishment, Defendant A is the owner of the commercial sex business establishment, Defendant B is engaged in the business of arranging sexual traffic in collusion with an employee of the commercial sex business establishment, and the crime is not good in light of the circumstances leading to the above crime, the contents of the crime, the method of the crime, etc.

However, in full view of the following factors: (a) all the Defendants led to the instant crime and are in violation of their depth; (b) there is no record of being punished in excess of the fine for the same crime; (c) close down the instant sexual traffic business establishment and do not repeat again; and (d) other factors of sentencing as shown in the records and arguments, such as the Defendants’ age, family environment, and circumstances before and after the instant crime, the sentence of the lower court against the Defendants is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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