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(영문) 서울동부지방법원 2015.10.08 2015노763
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession and reflect of the instant crime, the fact that there is no previous conviction exceeding the fine, and the fact that the health status is not good.

On the other hand, although the defendant was punished several times due to the crime of arranging sexual traffic, the crime of arranging sexual traffic in this case continues to be committed for a long time. The crime of embezzlement in this case is that the defendant arbitrarily used most of the revenues earned through sexual traffic over several years for his/her own debt repayment, etc., and the nature of the crime is poor, and the damage amount is a large amount of 189 million won, but not only did not agree with the victim but also did not take all measures for the recovery of damage, which is disadvantageous to the defendant.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

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

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