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(영문) 인천지방법원 2015.09.11 2015노2711
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The seized evidence as provided for in subparagraphs 1 through 12 shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, confiscation and collection by 9.87 million won) is too unreasonable.

2. The act of arranging sexual traffic is a state of social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and is in need of good and strict punishment in order to prevent the spread of illegal sexual traffic business establishments and to establish a sound sexual culture, and the profits earned from the crime of this case seems not to be considerable, and the defendant has a history of criminal punishment for the same crime, and committed the crime of this case while he is under trial after regulating the sexual traffic business.

However, in full view of various sentencing conditions shown in the records and arguments, such as the confession and reflect of the crime in this case, the closure of a sexual traffic business establishment, the age and conduct environment of the defendant, and the circumstances before and after the crime, the court below's punishment against the defendant is somewhat inappropriate.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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