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(영문) 인천지방법원 2016.04.29 2015노4432
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that each sentence of the lower court (defendant A: imprisonment of one year and six months, and a fine of KRW 10 million; Defendant B: imprisonment of KRW 1 year and ten million; three years of suspended execution in one year) is too unfluened and unfair.

2. Determination

A. The fact that Defendant A operated the instant sexual traffic establishment for a long time, and that Defendant A was punished once by a fine for the same kind of crime is disadvantageous.

However, in light of the favorable circumstances, such as the Defendant’s mistake, the Defendant’s voluntary suspension of business, and the previous conviction for about 10 years, and the favorable circumstances, such as the Defendant’s age, sex behavior, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the Prosecutor’s aforementioned assertion is groundless.

B. Defendant B also participated in the operation of the instant sexual traffic establishment for a long time along with Defendant A, and the fact that Defendant B was punished four times a fine for the same kind of crime is disadvantageous.

However, in light of the favorable circumstances such as the Defendant’s mistake and the previous conviction prior to 2007, and the previous convictions do not exceed the fine, and other favorable circumstances such as the Defendant’s age, sex behavior, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit. Thus, all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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