(영문) 대전지방법원 2017.11.29 2017노2663 | 리걸엔진

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(영문) 대전지방법원 2017.11.29 2017노2663

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and two months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C’s punishment (Defendant B: imprisonment of 1 year, confiscation, 15 million won additional collection, Defendant C: imprisonment of 1 year and 6 months, confiscation, 129, 374,00 won) is too unreasonable.

B. The prosecutor (as to Defendant D)’s sentence (as to a penalty of KRW 7 million) of the lower court is too unhued and unreasonable.

2. Determination

A. As to Defendant B, the size and operation period of the instant sexual traffic business establishment is considerable, the crime of arranging sexual traffic is very poor, and the crime of arranging sexual traffic is detrimental to the sound sexual culture and good morals, and thus, it is necessary to strictly punish Defendant B, despite the fact that Defendant B had been subject to criminal punishment twice for the same crime, and again commits the instant crime is disadvantageous.

However, Defendant B recognized the instant crime as a substitute, against the mistake, and did not repeat the crime.

It is more favorable to the fact that there is no power to be sentenced to punishment, and that the health status is not good due to a marble disorder.

In full view of the above circumstances and other circumstances, the lower court’s punishment is too unreasonable, taking account of the following: (a) there is no special change in circumstances that make different from the lower court’s sentencing conditions as indicated in the records and theories of the instant case, such as the age, sex, environment, background of the crime, means and consequence of the crime; and (b) the circumstances after the crime.

Therefore, Defendant B’s assertion is without merit.

B. It is unfavorable for Defendant C to the following circumstances: (a) the size and operation period of the instant sexual traffic business establishment is considerable and the nature of the crime is extremely poor; (b) the crime of arranging sexual traffic is detrimental to the sound sexual culture and good morals, and thus, is highly harmful to society; and (c) Defendant C appears to have led to the instant crime.

However, Defendant C recognizes the instant crime as a substitute, and reflects the mistake, and does not repeat the crime.

2.3.0

유사 판례

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-수원지방법원 2015.01.15 2014노4637

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-제주지방법원 2020.11.26 2020노574

-청주지방법원 2014.04.25 2014노81