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(영문) 대구지방법원 2016.08.10 2015노5148
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the penalty amounting to five million won, the penalty amounting to five million won, and the penalty amount to one hundred and fifty million won) declared by the court below is too uneased and unreasonable.

2. The judgment is based on the following circumstances: (a) sexual traffic arranging act does not have much social harm, such as the commercialization of women’s sex and undermining sound sexual culture and good morals; (b) the criminal liability for the crime of this case is not weak; and (c) the Defendant committed an act of arranging sexual traffic again without being familiar with the police even though it was controlled by the police on July 1, 2015 when operating a sexual traffic business establishment; (d) on the other hand, the Defendant recognized the facts charged of this case; (c) the Defendant’s period of running a sexual traffic business establishment is relatively short and its profits are not high; (d) the Defendant’s period of running a sexual traffic business establishment is relatively short and it seems that there is no history of criminal punishment other than the Defendant’s suspension of indictment; and (e) taking into account all the sentencing conditions indicated in the records and arguments of this case, the Prosecutor’s assertion is not recognized to be unfair because the Defendant’s punishment

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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