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(영문) 울산지방법원 2016.06.02 2016노517
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is found to have a building and various facilities for sexual traffic; the defendant employed employees to systematically and systematically arrange sexual traffic; and the crime is heavy in light of the method and circumstances of the crime, the scale of the business, profit, etc.

Furthermore, the defendant has been punished twice as a crime of violation of the Act on the Punishment of Acts such as Mediation of Commercial Sex Acts (the brokerage of commercial sex acts) and committed the crime of this case during the suspended execution period of the same crime.

In this respect, the defendant can not be held liable for severe responsibility.

However, there are extenuating circumstances for determining the sentence against the defendant, such as the fact that the defendant recognized his mistake and reflects the fact that the health condition is not good, such as suffering from breast cancer, and that it is necessary to consider the violation of the Medical Service Act, which is a concurrent crime after Article 37 of the Criminal Act, and the equality between the case where the defendant was tried at the same time.

In addition to the above circumstances, comprehensively taking account of various sentencing conditions as shown in the records and arguments such as the defendant's age, sex, environment, and circumstances after the crime, the sentence imposed by the court below is too heavy or less severe.

shall not be deemed to exist.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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