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(영문) 대전지방법원 2014.11.20 2014노2640
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

(b).

Reasons

Summary of Grounds for Appeal

(F) The sentence of Defendant A (one year of imprisonment) is too unreasonable.

The prosecutor's (with respect to the defendant B) the sentence of the court below (two years of imprisonment with prison labor for eight months and two years of suspended execution) is too unhued and unfair.

Judgment

Defendant

The crime of this case against A is that Defendant A, while operating a massage place by lending the name of the visually impaired massage, employs a female sexual traffic and receives money from unspecified men, and arranges sexual traffic for business purposes, and it is not good that the crime is committed in light of the size of business and profit.

However, there are extenuating circumstances, such as the confessions and mistakes made by Defendant A, the Defendant A did not have the same criminal record, there was no record of punishment exceeding the fine, the Defendant A’s health condition is not good, and the Defendant A was detained for a considerable period of time. In addition, comprehensively considering all the sentencing conditions such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it is deemed that the sentence of the lower court is too unreasonable.

Defendant

It is reasonable to take into account the following circumstances: (a) Defendant B made confessions and reflects his mistake in depth; and (b) Defendant A appears to have committed the instant crime under the initiative of Defendant A.

However, in light of the business size and profit-making, etc. of Defendant B, the crime of this case is committed with Defendant A, and there are unfavorable circumstances, such as the fact that Defendant B had a criminal record of a fine for the same kind of crime. In full view of all kinds of sentencing conditions, including Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below, which sentenced the suspension of the execution of imprisonment without any incidental disposition, is somewhat unreasonable.

In conclusion, since each appeal against the defendant A and the prosecutor against the defendant B is well-grounded, the Criminal Procedure Act.

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