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(영문) 부산지방법원 2016.02.05 2015노4089
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (No. 1-2 of the judgment of the court below);

(a)Offences of paragraphs (1) and (2) of this Article: 10 months of imprisonment and 2 years of suspension of execution, and crimes of sub-paragraph (3) through (6) of sub-paragraph (b) of the holding: fine of 7 million won) are deemed to be too unhued and unjust;

2. One-dimensional studio, which is the fact that the criminal liability for the crime of this case, in which the defendant introduced his occupation to arrange commercial sex acts and sell sex for business purposes, is not less minor, and that the first-mentioned decision of the court below is not that.

B. (3) Each of the crimes under paragraphs (3) through (6) is deemed to have been committed by the Defendant during the period of suspension of the execution of a crime of different types, and the crime of this case is deemed to have a significant nature. However, even though it is recognized that the Defendant reflects the crime of this case through a life of confinement for about one month from the original trial until the Defendant is released as bail, that the Defendant did not have the same power and did not have any criminal record beyond the suspension of the execution, and that the profits earned from the crime of this case

A. The crimes in paragraphs (1) and (2) of this Article are to consider equity with the case of judgment concurrently with the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) for which judgment has become final and conclusive, taking into account the health status of the defendant (class 2 with a new disability). In full view of all the records of the instant crime, including the circumstances leading up to the instant crime, the defendant's age, occupation, sex, environment, circumstances after the crime, risk of recidivism, etc., the Prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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