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(영문) 광주지방법원 2021.02.03 2020노223
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (for defendant A: imprisonment of one year, two years of suspended execution, community service, confiscation and additional collection, and fine of four million won) is too unreasonable.

2. The Defendants have shown the form of recognizing and opposing crimes.

Defendants have no record of punishment beyond a fine.

Defendant

A closed down a commercial sex acts business operated by A and seems to have not good health.

Defendant

B manages a commercial sex trafficking business establishment for about two months, and the period of crime is not long.

However, Defendant A employed a foreigner who has no status of stay for about one year and four months and operated an illegal massage treatment establishment or a business establishment that operates commercial sex acts. Defendant B managed the above commercial sex acts establishment for about two months, and the nature of the crime is not good in light of the period, content, etc. of the crime.

Defendant

A, while operating the said commercial sex acts establishments, has committed the same crime again even though he/she was punished by a fine by employing foreigners who have no status of stay.

In addition, comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendants’ age, sex, environment, motive, means, consequence, and circumstances after the commission of the crime, the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendants' arguments are not accepted.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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