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(영문) 수원지방법원 2020.11.25 2020노4918
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A The defendant shall be punished by imprisonment for one year.

seizure.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A: Imprisonment for one year and four months, confiscation, additional collection of KRW 24,375,00, Defendant C: Imprisonment for six months, suspension of execution, two years, community service, Defendant G: imprisonment for 80 hours, six months, suspension of execution, two years of community service, 80 hours, confiscation) is unreasonable.

2. Determination

A. Although Defendant A had already been punished by a fine due to the arrangement of sexual traffic and suspended execution, Defendant A again committed the instant crime, and Defendant A continued to engage in sexual traffic business by changing its trade name and place despite the control over sexual traffic business places.

In addition, considering the scale, duration, etc. of the business, the sentence imposed on the defendant A is inevitable.

However, considering the fact that the defendant recognized all the crimes of this case and made an effort to find a new occupation, such as preparing marriage and preparing a licensed real estate agent's examination, the punishment of the court below is somewhat heavy.

B. Defendant C and G are recognized as committing the instant crime, the first offender who has no record of criminal punishment, the fact that it appears to have been involved in the instant crime in an economic difficult situation, and the fact that it appears to have been endeavoring to have a legitimate occupation in the future. In addition, considering comprehensively the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendants’ age, character and conduct, and family environment, the lower court’s punishment is heavy.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed, and the appeal by the Defendants is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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