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(영문) 인천지방법원 2013.06.21 2013노1002
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant, the lower court’s punishment against the Defendant (one year of imprisonment, two years of suspended sentence, and fines of KRW 50 million, probation, confiscation, confiscation, and surcharge) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The defendant's assertion of judgment and prosecutor together with the defendant, and the crime of this case was committed in this case from February 15, 2012 to January 2013, 9, guest rooms 8, 8, 1, 4, etc. installed shower facilities and bed, and let female employees engage in commercial sex acts by employing them. In light of the period and scale of the crime, the act of arranging commercial sex acts, such as the crime of this case, do not have any social harm, such as harming the sound sexual culture and good customs by commercializing female sex, and in order to prevent the spread of illegal commercial sex acts and to establish a sound sexual culture, it is necessary that the defendant provided strict punishment against the owner of illegal commercial sex acts in this case, and the defendant continues to engage in commercial sex acts at an investigation agency even after the occurrence of the crime of this case, which is disadvantageous to the defendant.

However, it is also recognized that there are favorable factors for sentencing such as the defendant's recognition of the crime of this case and reflects his mistake, and the defendant has no same criminal record.

In full view of the above favorable sentencing factors and unfavorable sentencing factors, the defendant's age, family environment, circumstances before and after the crime, and various sentencing conditions shown in the records and arguments, the court below's sentencing against the defendant is too heavy or less severe, and thus, the defendant and the prosecutor's above assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.

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