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(영문) 인천지방법원 2016.06.01 2015노3261
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (Defendant A: imprisonment of 10 million won, a fine of 2 years, a fine of 15 million won, a community service order of 120 hours, confiscation, additional collection of 4,3690, and a fine of 7 million won) is too unreasonable.

2. Determination

A. Determination of Defendant A’s assertion is a favorable circumstance that the Defendant recognized his mistake and does not have the same criminal record.

However, considering the unfavorable circumstances such as the fact that the act of arranging sexual traffic has a lot of social harm, such as the commercialization of women's sex and harm to the sound sexual culture and good morals, and the proliferation of illegal sexual traffic establishments and the need for strict punishment to establish a sound sexual culture. Considering the defendant's age, sexual behavior, occupation and environment, motive and circumstance leading to the crime of this case, and all other sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, etc., the court below's punishment is too excessive and unfair, and the defendant's assertion is without merit.

B. As to the Defendant’s assertion, the Defendant also recognized his mistake, and there is no previous conviction, and the head of the instant sexual traffic business establishment with the degree of participation in the crime compared to the above A is more favorable.

However, as seen earlier, considering the unfavorable circumstances such as the necessity of strict punishment, the fact that the court below imposed a fine differently from the above A in consideration of the already favorable circumstances at the court below, and other factors of sentencing as shown in the records and theories of this case, such as the defendant's age, sexual conduct, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., the court below's punishment is too large and unfair. Thus, the defendant's assertion is without merit.

3. In conclusion, the Defendants’ appeal is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

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