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(영문) 청주지방법원 2014.04.25 2014노81
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A and Defendant B shall be punished by imprisonment with prison labor for one year and two months.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (one year and six months, confiscation, additional collection, Defendant B: imprisonment with prison labor for a year and six months, one year and six months) is too unreasonable.

2. The crime of this case is a case in which the defendants operated an officetel by leasing and operating an officetel, arrange the commercial sex acts of employees directly employed by the commercial sex acts and advertised commercial sex acts of the commercial sex acts. The crime of this case is committed in a manner that is not consistent with the Criminal Procedure Act and the size of the commercial sex acts business establishment is not small, and thus the crime is not good. The act of arranging commercial sex acts and advertising is not consistent with social harm, such as impairing the sound sexual culture and good morals, and there is a need for punishment corresponding thereto. Defendant B has the record of punishment several times for the same crime, and in particular, Defendant B committed the crime of this case during the period of repeated offense, even though he was sentenced to one year of imprisonment, due to the crime of violating the Punishment of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc. on November 17,

However, considering various sentencing conditions indicated in the records, such as the Defendants’ age, character and behavior, family relationship, background and motive of the crime, circumstance after the crime, criminal record, etc., the sentence imposed by the court below is unreasonable, when considering the following circumstances: (a) the Defendants committed the crime of this case in depth and did not repeat again; (b) the period of operation of a sexual traffic establishment is not long; (c) the Defendants’ social relation is clear; and (d) their family members and prisons want to guide the Defendants; and (e) the Defendant A has no history of punishment for the same kind of crime; and (c) the Defendant A has no history of punishment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is therefore justified, and the judgment below is ruled as follows.

Criminal facts

Criminal facts recognized by this court as well as summary of evidence shall correspond to the relevant column of the original judgment.

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