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(영문) 대구지방법원 2015.10.28 2015노814
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

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

Reasons

1. The judgment of the court below on the gist of the grounds of appeal (the fines of five million won per each of the defendants) is deemed to be too uneasible and unfair.

2. The judgment is based on the following circumstances: (a) the act of arranging sexual traffic is highly likely to cause severe social harm, such as the commercialization of women's sex and the harm to the sound sexual culture and good morals; (b) Defendant B has repeated the crime of this case even though there was a previous conviction of the same kind of fine; (c) the Defendants reflect the facts charged in this case; (d) Defendant A is relatively short of the period for engaging in the act of arranging sexual traffic; and (e) the profits acquired therefrom are expected to be less low; (e) Defendant A has suspended the act of arranging sexual traffic after regulating the crime of this case and would not repeat again; (c) Defendant A has no criminal power; and (d) Defendant B has no criminal record more than twice a fine; and (e) Defendant B has no other criminal records and arguments, the sentence imposed by the court below cannot be deemed to be unfair because it is too unjustifiable. Therefore, the Prosecutor's assertion is without merit.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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