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(영문) 수원지방법원 2016.06.02 2016노87
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that each of the punishments (for defendant A: six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, 40 hours of taking lectures to prevent sexual traffic, confiscation, and defendant B: imprisonment for six months of suspended execution, two years of suspended execution, two years of probation, observation of protection, and forty hours of taking lectures to prevent sexual traffic) that the court below sentenced the Defendants are too unfford and unfair.

2. The crime of arranging sexual traffic, such as the instant case, is highly harmful to the society by impairing the sound sexual culture and good morals, and the Defendants committed sexual traffic-related crimes in the past, and have been punished three times by Defendant A, and Defendant B has been punished twice, are disadvantageous to the Defendants.

However, in full view of all favorable circumstances, including the Defendants’ age, sex, environment, family relationship, etc., it is difficult to deem that each sentence imposed by the lower court to the Defendants is too uneasy and unfair, in light of the following: (a) the Defendants did not repeat the crime of this case; (b) the period of the crime of this case is relatively short; (c) the Defendants did not have any history of criminal punishment other than fines; and (d) the Defendants’ health was somewhat not sufficient; and (e) their relatives want to have the Defendants’ wife.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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