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(영문) 인천지방법원 2017.08.11 2016노4327
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspended sentence of two years, the fine of five thousand won, the observation of protection, the confiscation) is too unreasonable.

2. The fact that the judgment defendant led to the confession of the instant crime and recognized his mistake is favorable to the defendant.

However, even though the defendant had been punished as a same crime, he/she again committed the crime of this case, the act of arranging sexual traffic is not so much harmful to society, such as impairing the sound sexual culture and good morals, so it is necessary to strictize it, and the fact that the size of the commercial sex acts operated by the defendant is not small, etc. are disadvantageous to the defendant.

In full view of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive and background of the crime, and all the conditions of sentencing as shown in the instant records and arguments, including the circumstances before and after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's improper argument in sentencing is rejected.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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