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(영문) 인천지방법원 2015.05.01 2015노214
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended execution, additional collection of 82,400,00 won) is deemed to be too unfeasible and unfair.

2. The following facts are favorable circumstances: (a) the Defendant confessions all of the instant offenses; (b) the Defendant had the time to reflect the instant offense through confinement for a period of less than two months; (c) there is no criminal history for having been sentenced to a fine; and (d) the closure of the instant sexual traffic business establishment; (b) while the act of arranging sexual traffic does not have considerable social harm, such as the commercialization of women’s sex and undermining the sound sexual culture and good morals; and (c) even in order to prevent the spread of illegal sexual traffic business establishments, and to establish a sound sexual culture, there is very poor and serious punishment; (d) continuously arranging sexual traffic in other places after the control by an investigative agency; and (e) the act of arranging sexual traffic is very poor; (e) the scale of the instant offense is small, and the profit therefrom seems to be considerable; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age-oriented family environment, the circumstances before and after the crime, etc. are considered to be too unfair.

3. If so, the prosecutor's appeal is with merit, so the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and they are cited 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 concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act.

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