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(영문) 부산고등법원 (창원) 2016.02.03 2015노385
성매매약취
Text

Defendant

All appeals filed by A, B and C and prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and C’s punishment (Defendant A: Imprisonment of one and half years, and completion of 80 hours of sexual assault treatment programs, Defendant B, and C: each imprisonment of one year and 80 hours of sexual assault treatment programs, and sexual assault treatment programs completion of 80 hours) is too unreasonable.

B. The Prosecutor’s sentence (as above for Defendant A, B, and C; as for Defendant D, one year of imprisonment and two years of probation; as for Defendant D, 80 hours of sexual assault treatment lectures, observation of protection, community service, etc.) imposed by the lower court against the Defendants is too uneasible and unreasonable.

2. Determination

A. The crime of kidnapping sexual traffic, which is common to the Defendants, is directly detrimental to the victim’s human dignity and freedom as well as the victim’s individual, and thus requires strict punishment in terms of causing severe harm to the society as well as the victim’s individual. The crime of this case is planned that the Defendants recruited women who want to engage in sexual traffic in advance through hosting apps, etc. and agreed to use them as living expenses, entertainment expenses, etc. under the pretext of protection expenses, etc., and the victims seem to have caused severe shock and fear due to the crime of this case.

On the other hand, although the Defendants were kidnapped by the victim, they did not proceed to commit violence or bodily harm against the victim, and the fact that the victims did not actually bring about arranging sexual traffic to the victim is favorable to the Defendants.

B. Defendant A’s sentencing assessment 1) discussed Defendant A’s criminal act with B, C, and D on grounds of his economic lack, etc., following his discussion, Defendant made contact with the victim through the hosting app, and attempted to threaten the victim and to place the victim with C, and D.

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