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(영문) 인천지방법원 2015.07.10 2014노4214
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won and confiscation of a fine) is too heavy or (the Defendant) and it is unreasonable to inspect it.

2. In full view of the following circumstances: (a) the Defendant led to the Defendant to commit the instant crime; (b) favorable circumstances that have no record of being punished for the same kind of crime; (c) 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 the female sex; (d) the Defendant requires a simple and severe punishment to prevent the spread of illegal sexual traffic establishments; and (e) the Defendant continues to engage in the business of arranging sexual traffic even after the Defendant was prosecuted for the instant crime; and (e) the Defendant has been placed under trial after reregulation of the business of arranging sexual traffic (see, e.g., Supreme Court Decision 2015Da1126, Jun. 11, 2005) other unfavorable circumstances, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the commission of the instant crime, etc., the punishment imposed by the

3. If so, the defendant and the prosecutor's appeal against the judgment of the court below are without merit. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, since Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is clearly omitted in the application of the law of the court below, it shall be corrected to add it ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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