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(영문) 인천지방법원 2014.12.26 2014노3856
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment is too heavy or is too unfilled (the defendant).

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 a woman's sex, and it is necessary to take a simple and severe punishment against the proprietor of an illegal sexual traffic business establishment in order to prevent the spread of the illegal sexual traffic business establishment and to establish a sound sexual culture, and the Defendant, after renting three officetels, provided that he provided a commercial sex act by employing a woman and arranging sexual traffic through the site of arranging sexual traffic, etc., and thereafter provided a commercial sex act of arranging sexual traffic under the same several Acts after he rents four business establishments thereafter. The circumstances and contents leading to the above crime, the number of crimes committed organized and closely, the period of the crime, and the amount of gains acquired through the crime are not certain.

However, in full view of the following factors: (a) the Defendant led to the Defendant to commit the instant crime and reflects his depth in prison life for about four months; (b) there is no history of criminal punishment prior to the instant crime; and (c) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime; and (d) the lower court’s punishment against the Defendant is too unreasonable; (b) thus, the Defendant’s assertion is reasonable

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence is the same as the statement of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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