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(영문) 인천지방법원 2013.07.05 2013노889
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence for eight months of imprisonment, confiscation, and surcharge 40,000 won) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime and reflects his mistake; (b) there are family members to support the Defendant; and (c) there is no history of punishment exceeding the same kind and fine.

However, the court below seems to have set a punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that could differ from the judgment below and the punishment of the court below. The act of arranging sexual traffic in this case does not have a lot of social harm, such as the commercialization of women's sex and the harm to the sound sexual culture and good customs, and it is necessary to set a simple and severe punishment against the owner of the business that operates illegal sexual traffic in this case even in order to prevent the spread of the illegal sexual traffic establishment and to establish a sound sexual culture. In light of the size and business period of the sexual traffic business in this case, the nature of the crime in this case is not good in light of the crime in this case, and other various sentencing conditions shown in the records, such as the equity of sentencing with the same similar case considering the period of the crime in this case, frequency of the crime in this case, the defendant's age-friendly family environment, and the circumstances before and after the crime, the punishment of the court below against the defendant is too unfair.

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

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