(영문) 창원지방법원 2017.11.02 2017노1972 | 리걸엔진

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(영문) 창원지방법원 2017.11.02 2017노1972

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence against the defendant A, B, C, and D (the defendant A: imprisonment of one year and six months, 310,000,000 won, the defendant B: imprisonment of one year and one year, 58,352,500 won, the defendant C: imprisonment of ten months, 58,352,50 won, and the defendant C: imprisonment of ten months, 58,352,50 won, and 120 hours for community service work in June) of the judgment below is unreasonable.

B. Each sentence of the lower court’s judgment against the Defendants (Defendant A, B, C, and D: each of the above sentence, Defendant F: Imprisonment with prison labor for a period of two years of suspension of execution, protection observation, community service, 80 hours, 20,000 additional collection) is too uneased and unreasonable.

2. Determination

A. Determination as to the unfair sentencing of Defendant A, B, C, and prosecutor 1) Defendant A, Defendant A, Defendant A, and Defendant A are aware of and against their mistake, and Defendant A’s absence of prior records related to commercial sex acts is more favorable. The building of this case is replaced by lessee and continues to lease the building despite several crackdowns on the commercial sex acts as the commercial sex acts business establishment. Through this, the building of this case gains a total of KRW 3,10 million from the rent of KRW 5,00,000 to KRW 10,000 per month for three years, and the defendant leases the building of this case with the knowledge that the building of this case is used for commercial sex acts, and the defendant introduced the building of this case to the head of office so that they can operate the commercial sex acts well, and that it is difficult for women of commercial sex acts to sell the building of this case to others, and that it is disadvantageous for them to confiscate or collect additional taxes.

In addition, considering the age, sex, environment, family relation, economic situation, the background and motive of committing the crime, and all other matters on the sentencing as shown in the records and arguments of this case, the punishment of the judgment below is judged to be appropriate and there is no change in circumstances to be considered in the trial of the party, the argument of the defendant A and the prosecutor is without merit.

2) Both Defendant B, C, Defendant B, and C are erroneous.

유사 판례

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