(영문) 서울남부지방법원 2015.06.18 2014노2103

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(영문) 서울남부지방법원 2015.06.18 2014노2103

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

1. Of the first and second original judgments, all parts pertaining to Defendant A, B, and CA shall be reversed.

2. Defendant A.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A actively participated in relation to the operation of the “Z”, the profit actually acquired by the Defendant is very small in the operation of the business establishment, the fact that each of the crimes of this case should be considered as ex post facto concurrent crimes, and the family’s livelihood is difficult if the detention of the Defendant is prolonged, etc., each of the punishments (the first instance court: imprisonment with prison labor for a year and six months, a fine of five million won, and the second instance court: 15 million won): imprisonment with prison labor for a year and a fine of fifteen million won) imposed by the lower court is too unreasonable.

B. In light of the fact that Defendant B would be sentenced to punishment due to the criminal records of the same kind of crime, the punishment (the first instance court: the imprisonment of April, the second instance court: the imprisonment of 6 months and the fine of 10 million won) imposed by the lower court is too unreasonable, in light of the following: (a) the Defendant committed the crime of aiding and abetting a criminal under the judgment of the first instance court; (b) the Defendant repents and reflects his mistake; (c) there is no benefit of the Defendant from committing the crime of arranging sexual traffic in the judgment of the second instance; and (d) the economic situation of the Defendant is not good.

C. In light of the fact that the defendant D's mistake is divided and against himself, the crime of arranging additional sexual traffic is revealed through the defendant's investigation cooperation, and the family members are faced with economic difficulties due to the detention of the defendant, the punishment (four months of imprisonment) imposed by the court below is too unreasonable.

Defendant

The punishment (fine 5 million won) sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant's ex officio, this court tried to hold the defendant together with each appeal case against the defendant. This is recognized as guilty as follows. Each of the offenses against the defendant in the decision of the court below against the defendant is in accordance with the former part of Article 37 of the Criminal Act.

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