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(영문) 인천지방법원 2016.03.18 2015노4694
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (Defendant A: imprisonment of one year and a fine of ten million won, Defendant B: imprisonment of ten months, confiscation and collection of 27.7 million won) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion, the Defendant recognized the Defendant’s mistake, voluntarily suspended the business of arranging sexual traffic, and the fact that the criminal proceeds acquired at the instant sexual traffic business establishment (J) are little favorable.

However, the Defendant was sentenced to ten months of imprisonment for a crime of violation of the Narcotics Control Act on January 31, 2013, and committed the instant crime on August 17, 2013, even during the repeated crime period after the execution of the sentence was completed. The Defendant committed the instant crime during the period of the repeated crime. The Defendant committed the same crime as the instant case during the aforesaid repeated crime period, and was punished by a fine of KRW 10 million on January 9, 2015, and was not short of the period, such as running the said sexual traffic business for about four months, and other unfavorable circumstances, such as the Defendant’s age, sex, criminal conduct, occupation and environment, and the motive and circumstances leading to the instant crime, and all the other factors of sentencing as indicated in the instant records and the theory of changes, such as the circumstances after the commission of the instant crime, and thus, the Defendant’s assertion is without merit.

B. A favorable circumstance is that the defendant recognized his mistake as to the defendant B's assertion.

However, on June 29, 2015, the Defendant also had a record of being punished by a fine of five million won for the same crime, and the offender committed the crime of aiding and abetting on the ground of his president in order to be exempted from his punishment. The Defendant also operated two separate sexual traffic businesses (H) at the same time to the sexual traffic businesses (J) that were transferred by the co-defendant A, a third village, and other unfavorable circumstances, such as the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime.

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