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(영문) 수원지방법원 2015.11.04 2015노2769
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 5 million, confiscation, and collection KRW 6860,000) declared by the court below is too unreasonable.

2. The lower court sentenced a fine of KRW 5 million in full, taking into account the fact that the Defendant had no record of criminal punishment, appears not to operate his/her business after being discovered, and that the Defendant does not commit the same mistake, and there are no special circumstances or changes in circumstances that may be considered newly in sentencing after the issuance of the lower judgment.

In addition, the act of arranging sexual traffic is not much likely to harm the sound sexual culture and good morals by commercializing women's sex, and it is necessary to severely punish sexual traffic business establishments in order to prevent the spread of illegal sexual traffic business establishments and to establish a sound sexual culture.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair because the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

However, Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic in relation to the crime of the lower judgment is clear that it is a clerical error in Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic. Thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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