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(영문) 광주지방법원 2017.08.09 2017노100
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence that the lower court sentenced the Defendants to the Defendants (i) (i) one year of imprisonment, three years of suspended sentence, 160 hours of community service order, 160 hours of sexual traffic prevention, confiscation evidence 1 to 6, 880,000 won of confiscation order, and (ii) Defendant B: one year and six months of imprisonment, three years of suspended execution, three years of community service order, 160 hours of probation, 80 hours of sexual traffic prevention, confiscation evidence 7, 88 million won of order) are too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. A favorable circumstance is that the Defendants were led to the confession of the instant crime, and that there was no record of punishment for the same kind of crime against Defendant A.

On the other hand, in light of the fact that commercial sex acts are commercialized and have considerable social harm, such as impairing the sound sexual culture and good morals, and thus requires strict punishment. In light of the business size of the crime of this case, the crime is not good, and there is a record of being punished for the same kind of crime against Defendant B.

In addition, if there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, comprehensively considering the records and several of the sentencing conditions indicated in the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendants’ environment, etc., the lower court did not seem to be too heavy or unreasonable since each sentence imposed on the Defendants is too heavy. Thus, the Defendants and the Prosecutor’s aforementioned arguments are without merit.

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendants and the public prosecutor is without merit. It is so decided as per Disposition.

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