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(영문) 서울남부지방법원 2013.09.26 2013노1188
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment below

The part concerning the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment of the court below (8 million won of fine) is too unfasible and unfair.

On December 30, 2010, the Defendant committed the instant crime despite the fact that he was sentenced to two years of probation on the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes, which had been sentenced to two years of probation on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes, which had the possibility of invalidation of the above suspended sentence, that he did not make himself appear to be unrelated to the instant sexual traffic business establishment, and that he did not run his business despite his control over the police act of arranging sexual traffic, and that A was not able to again engage in arranging sexual traffic on the A around November 2012. Since the act of arranging sexual traffic is a crime of great harm to the sound sexual culture and good morals by commercializing women, there is a need to strictly punish the parties who operated illegal sexual traffic business in order to prevent such act, taking into account the size of the instant business establishment, criminal acts, motive, criminal acts, Defendant's age, character and behavior, etc.

Therefore, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below concerning the defendant shall be reversed and the following judgment shall be rendered:

Criminal facts

The summary of the facts and evidence recognized by this court is identical to those stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 19(2)1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act (the occupation of arranging sexual traffic and the concurrent imposition of imprisonment and fines) and Article 46 of the Employment Security Act.

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