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(영문) 서울동부지방법원 2015.07.16 2015노535
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (the imprisonment of eight months, the suspended sentence of two years, the fine of five million won, and the community service order of 80 hours) is excessively unreasonable.

2. The judgment of the accused is disadvantageous to the Defendant in that he/she again commits the instant crime without being well aware of the history of punishment several times for the same crime, and that there is a significant number of offenses in that he/she committed again within 10,000 days after he/she was under control of the investigative agency.

On the other hand, considering the fact that the defendant has no criminal record beyond the fine, confessions and reflects the depth of the crime in this case, closure of a sexual traffic business establishment, the fact that the defendant had operated no more than the size of the sexual traffic business establishment, support the disabled head and his family, etc., 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 behavior, motive, means and consequence of the crime in this case, and the circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act ( normal conditions favorable to the defendant under the aforementioned paragraph (2));

1. Social service order under Article 62-2 of the Criminal Act;

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and the Criminal Act;

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