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(영문) 인천지방법원 2016.06.22 2016노685
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (one year and two months of imprisonment, confiscation, additional collection of 7 million won) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: imprisonment of one year and two months, confiscation, additional collection of 7 million won, Defendant B: imprisonment of ten months, two years of suspended execution of ten years, and 120 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. Both parties to the judgment on Defendant A’s sentencing were examined together with the unfair argument.

It is recognized that the defendant's mistake is against his or her will.

However, the act of arranging sexual traffic is detrimental to the sound sexual culture and good morals by commercializing women's sex, and there is a great social hazard, and the defendant committed the crime of this case without being aware of it even though it was under the period of suspension of execution of the same kind of crime, and taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is appropriate, and it is deemed unfair because it is too heavy or too unreasonable. Thus, the above argument against the defendant A and the prosecutor's defendant A is without merit.

B. The act of arranging sexual traffic judgment on Defendant B is likely to undermine the sound sexual culture and good morals by commercializing women’s sex, and has a great social harm.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and is against the Defendant; (b) there is no possibility of being punished for the same kind of crime; (c) there is no change of circumstances after the pronouncement of the lower judgment; and (d) other circumstances that form the conditions for sentencing as indicated in the instant records and theories on changes, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of participation in the crime; and (c) circumstances after the crime, etc., the lower

Therefore, the prosecutor's above assertion against the defendant B is justified.

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