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(영문) 인천지방법원 2015.02.06 2014노4788
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

seizure.

Reasons

1. The summary of the grounds for appeal is that each sentence of the court below (the defendant A: imprisonment of 10 months, confiscation and additional collection of 15.6 million won, the imprisonment of 8 months, and confiscation) is too heavy or too unfied (the defendant A).

2. Determination:

A. According to the judgment ex officio (part against Defendant B) prior to the judgment on the grounds for appeal, Defendant B appealed for a period of six months after having been sentenced to a suspended sentence on December 22, 2014 due to a crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Seoul Northern District Court, which was sentenced to a suspended sentence of one year on January 21, 2015, and the said judgment became final and conclusive as it is upon withdrawal of appeal on January 21, 2015. Since the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the instant crime are in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence shall be determined after examining whether to reduce or exempt the sentence, taking into account equity and equity. In this respect, the part against Defendant B among the judgment below is no longer maintained.

B. As to the assertion of unfair sentencing on Defendant A and the prosecutor’s assertion of unfair sentencing against Defendant A, the following favorable circumstances are that the Defendant led to the confession of and reflect against the instant crime; on the other hand, the act of arranging sexual traffic does not have much social harm, such as harming the sound sexual culture and good morals by commercializing women’s sex; on the other hand, even in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, there is a need for a simple and severe punishment against the owner of the business who operates illegal sexual traffic establishments; on the other hand, the Defendant has already been sentenced to imprisonment for a period of one year after the suspension of execution in June of 2012 and seven million won after the fine was imposed on April 17, 2014. In particular, even if the act of arranging sexual traffic was committed on or around April 17, 2014, it continued to commit the instant crime.

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