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(영문) 인천지방법원 2014.05.30 2014노867
성매매방지및피해자보호등에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for three months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. Determination of the act of arranging sexual traffic is a situation unfavorable to the defendant, where the act of arranging sexual traffic is committed in the same place after regulating the police, since the act of arranging sexual traffic does not have considerable social harm, such as harming the sound sexual culture and good morals, and thus requires strict punishment.

However, in light of the following: (a) the lower court was determined by fully considering the circumstances unfavorable to the Defendant; (b) the Defendant appears to have no change in circumstances that could have different from the original judgment; (c) the Defendant was at the time of committing the instant crime; and (d) there was no record that the Defendant was sentenced to punishment or a fine exceeding the same kind of crime; (d) the Defendant was an employee who received 1.5 million won per month from C, not the business owner; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after committing the crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

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

(However, the judgment of the court below is correct to mean "the brokerage of commercial sex acts as above" in the end of the crime.

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