(영문) 인천지방법원 2015.11.20 2015노3593 | 리걸엔진

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(영문) 인천지방법원 2015.11.20 2015노3593

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of 10 months and fines of 20,000,000 won, and Defendant B shall be punished by imprisonment with prison labor of 8 months and fine.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of 10 months and fine of 20 million won, confiscation and the defendant B: imprisonment of 8 months and fine of 10 million won and fine of 8 months and fine of 10 million won, confiscation and confiscation) of the court below is too unreasonable.

2. 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 good and serious punishment to prevent the spread of illegal sexual traffic establishments, and to establish a sound sexual culture. The period of the crime in this case is not shorter than the period of the crime in this case, and it seems that the amount of the crime in this case or profits derived therefrom are not significant. Defendant B was sentenced to a fine of 3 million won due to the violation of the Act on the Prevention of Prostitution, etc., and a fine of 2 million won due to the violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals, etc., and the Defendants committed sexual traffic in collusion around 201 and committed the act of arranging sexual traffic on July 20, 201, and the probation period is somewhat less than six months since the date after the suspension period was sentenced to imprisonment for 6 months, and it appears that the Defendants did not have any disadvantageous participation in the crime in the crime in this case's circumstances and the circumstances leading up to the punishment of the crime in this case.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is without merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the evidence is the criminal facts against the Defendants recognized by the court.

참조조문

-성매매알선 등 행위의 처벌에 관한 법률

-윤락행위등방지법

-풍속영업의 규제에 관한 법률

-형사소송법 제364조 제6항

유사 판례

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