Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (for defendant A, one year of imprisonment, confiscation, additional collection of 54 million won, 10 months of imprisonment, 2 years of suspended execution, 120 hours of probation, community service, etc.) declared by the court below is too unreasonable.
2. Determination
A. Defendant A, while operating a sexual traffic business establishment through a professional method, arranges sexual traffic, and in particular, the above Defendant continued to commit another crime of arranging sexual traffic even under the circumstance of being subject to criminal punishment with regard to the crime of arranging sexual traffic, and there are unfavorable factors for sentencing, such as the fact that the crime is very poor.
However, in full view of the following circumstances: (a) the above defendant's mistake is deeply divided and reflected in depth; (b) the above defendant has no criminal records beyond the suspension of execution; and (c) the above defendant's age, character and conduct, environment, details and contents of the crime; and (d) other circumstances that form the sentencing conditions specified in the records and pleadings of this case, such as the circumstances after the crime, the punishment imposed by the court below
Therefore, Defendant A’s assertion is justified.
B. There are favorable circumstances, such as Defendant B’s mistake, in depth, and reflects his mistake, and there are no same criminal records to the above Defendant.
However, considering the fact that 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 women's sex, and requires a simple and strict punishment in order to prevent the proliferation of illegal sexual traffic establishments and to establish a sound sexual culture, the method of arranging sexual traffic involved by the above defendant is professional and it cannot be said that the period is shorter than that. In addition, taking into account the various circumstances, such as the above defendant's age, character and behavior, environment, details and contents of the crime, circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.