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(영문) 인천지방법원 2017.08.04 2017노459
성매매알선등행위의처벌에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (2,500,000 won, confiscation) on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the operating period of the Defendant’s business establishment from January 2015 to August 10, 2016 is not shorter than the period, and that the act of arranging sexual traffic is in need of strict degree since the act of arranging sexual traffic is not likely to undermine the sound sexual culture and good morals.

However, the court below sentenced the defendant to a fine in consideration of the favorable circumstances, such as the fact that there is no criminal history against the defendant in this case where the degree of illegality is not less severe, that the defendant recognized his mistake and reflects his mistake, and that the defendant discontinued his business.

The judgment below

There is no special change in circumstances that can be considered in the trial after the sentence, and when the sentencing stated by the court below is considered in light of the records, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

Therefore, the defendant's improper argument in sentencing is rejected.

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

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