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(영문) 제주지방법원 2018.04.26 2017노621
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts that the defendants did not arrange sexual traffic for business purposes, thereby affecting the conclusion of the judgment.

B. The sentence that the court below sentenced unfair sentencing (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 50 million won of fine, 10 months of suspended sentence, 2 years of suspended sentence, 2 years of suspended sentence, 20 million won of fine, 3 months of suspended sentence, 8 months of suspended sentence, 2 years of suspended sentence, 10 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the Defendants conspired in the process of operating the instant entertainment store, and recognized the fact that the Defendants continued to engage in sexual traffic between male customers and female employees as stated in the facts of the lower judgment from December 2, 2015 to April 2016, for the purpose of profit-making for the said entertainment store. Thus, the Defendants’ assertion of misunderstanding of facts is without merit.

B. In full view of the various circumstances, which are the conditions for sentencing as shown in the instant case, the sentence imposed by the lower court to the Defendants is too unreasonable, and thus, there is no reason to believe that the Defendants’ wrongful assertion of sentencing is also without merit (Provided, That the “amount of fine” of the 10th sentence of the lower judgment No. 4th page 10 appears to be a clerical error in the “Suspension of Execution of Imprisonment”). 3. Accordingly, all appeals by the Defendants are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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