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(영문) 전주지방법원 2016.01.15 2015노1101
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (Defendant A: one year and four months of imprisonment; three years of probation; 120 hours of community service order; 3.3 million won of additional collection; one year of imprisonment; three years of suspended execution; three years of community service order; 120 hours of additional collection; and 40.5 million won of additional collection) is too unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. The instant crime of determining the prosecutor’s unfair assertion of sentencing requires strict punishment against the Defendants in light of the following: (a) from around December 201, 2013 to around March 10, 2014; (b) from around March 11, 2014 to around April 24, 2014, Defendant A operated a commercial sex business establishment to arrange female employees to engage in an act of similarity to customers; and (c) paid the price in consideration of the type of crime, contents, period, profits, etc.; and (d) there is a heavy nature of the relevant crime in light of the criminal law; and (e) Defendant A had the power to be subject to criminal punishment for the same kind of crime.

However, there are extenuating circumstances for the Defendants to be considered favorable to the Defendants, such as the Defendants’ confession of the instant crime and the Defendants’ mistake, Defendant B did not have any history of criminal punishment for the same kind of crime, and the Defendants currently engaged in other occupations. In light of all of the above circumstances and other sentencing conditions in the instant pleadings, such as the Defendants’ age, sex, family environment, etc., the lower court’s punishment is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

B. The Defendants alleged to the effect that the judgment of the lower court on the Defendants’ unfair sentencing was too unfair due to the lack of sentence at the second hearing date of the first instance trial. However, the aforementioned unfair sentencing allegation was made after the submission period of the grounds for appeal, and thus, cannot be a legitimate ground for appeal.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed. It is so decided as per Disposition.

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