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(영문) 인천지방법원 2015.01.09 2014노3634
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 for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ respective sentences (Defendant B: Imprisonment with prison labor for April and confiscation; imprisonment for six months; suspension of execution for one year; community service work for 120 hours and confiscation) are too unreasonable.

B. The lower court’s sentence against Defendant B of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal by Defendant C ex officio, prior to the judgment on the grounds of appeal by Defendant C, the prosecutor applied for changes in the indictment of this case as stated in the following facts charged. Since this court permitted changes in the subject matter of the judgment, the part of the judgment of the court below as to Defendant C cannot be maintained any longer.

3. Defendant B’s judgment as to Defendant B does not have much social harm, such as when committing the instant crime and causing mistake, favorable circumstances such as the fact that the period of committing the instant crime is not long, and the act of arranging sexual traffic does not have much harm to the sound sexual culture and good morals by commercializing women’s sex, and requires a simple and severe punishment in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture. Defendant B committed the instant crime again during the grace period, even though he was subject to a disposition of suspension of execution due to the same kind of crime, and other various sentencing conditions as shown in the records and arguments, such as Defendant B’s age and speculative environment, circumstances before and after committing the instant crime, etc., the sentence imposed by the court below is not too unreasonable and too harsh or less.

4. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the defendant B and the prosecutor's appeal against the defendant B is without merit, and Article 364 of the Criminal Procedure Act is without merit.

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