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(영문) 수원지방법원 2016.09.22 2016노2090
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (Defendant A: imprisonment with prison labor for 6 months, one year of suspended execution, and 200,000 won for additional collection, and two million won for Defendant B) declared by the lower court to the Defendants is too unfasible.

2. The crime of arranging sexual traffic, such as this case, is highly likely to cause social harm, such as undermining the sound sexual culture and good morals, and Defendant A committed the crime of this case at the same time despite the fact that he was sentenced to a fine of two million won for the same kind of crime, etc., which is disadvantageous to the Defendants.

However, Defendant A did not have any history of criminal punishment except for punishment once by fine as above, and Defendant B did not have any history of criminal punishment in the Republic of Korea; Defendants did not have the history of criminal punishment; Defendants did not have any history of arranging the similarity; and Defendants appears to be against the instant crime; Defendant A would not repeat again.

C. In full view of all the sentencing conditions shown in the arguments in the instant case, including the closure of the instant marina business and the age, sex, environment, and family relationship of the Defendants, it is difficult to view that the sentence imposed by the lower court to the Defendants is too unfeasible and unfair.

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

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