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(영문) 대구지방법원 2017.05.24 2016노5362
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: a fine of KRW 5 million; a penalty of KRW 6.9 million; and a fine of KRW 1 million) declared by the court below to the Defendants is too unfasible.

2. The crime of this case is deemed to have a large degree of social reputation, such as undermining the sound sexual culture and good morals, and thus, it is deemed necessary to be strict. On the other hand, the defendants recognized the facts charged of this case and reflects their wrongness, and the period of business of this case is relatively short; the defendants did not have the same criminal record; and other sentencing conditions stated in the records of this case, such as the defendants' age, sexual conduct, environment, family relationship, etc., are considered as having no criminal record; thus, the court below's punishment imposed on the defendants is not deemed to be unfair, since the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal against the Defendants is clearly without merit. Thus, it is dismissed under Article 364(5) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; Provided, That in accordance with Article 25(1) of the Rules on Criminal Procedure, “Article 32 and Article 19(2)1 (p) of the Act on the Punishment, etc. of Acts of Arranging: Defendant B,” among the judgment below, Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging: Defendant B, Article 32(1) (p) of the Criminal Act, Article 32(1) of the Criminal Act (p) of the Criminal Procedure Act, and Article 364(1) of the same Act should be added between aiding and abetting Defendant B, Article 32(2) and Article 5(1)6 of the Criminal Act).”

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