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(영문) 대구지방법원 2017.05.17 2016노5375
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant A: fine of KRW 3 million; penalty of KRW 1.5 million; penalty of KRW 1.5 million; penalty of KRW 5 million; penalty of KRW 9 million; and confiscation) declared by the court below to the Defendants is too unfasible and unfair.

2. The act of arranging sexual traffic does not have much social harm, such as undermining the sound sexual culture and good morals, and Defendant B is being investigated as the aiding and abetting the act of arranging sexual traffic, etc. However, it is recognized that the Defendants recognized the facts charged in the instant case and against their mistake. Meanwhile, the Defendants are the first offender who did not have any previous conviction, and the period of the business of arranging sexual traffic is relatively short and there is no profit in light of the Defendants’ age, sexual behavior, environment, family relationship, etc., and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, are considered as unfair since each sentence imposed by the lower court is too uneasible. Thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That in accordance with Article 25(1) of the Rules on Criminal Procedure, the court below’s ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, and as between the 10th and 11th of the 4th of the judgment below, and as between the above 11 and the 11th of the 11th of the 11th of the 11th of the 11th of the 11th of the 2nd of the 4th of the 4th of the judgment below

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