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(영문) 의정부지방법원 2019.06.13 2019노484
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court against the Defendants (Defendant A: imprisonment of six months and additional collection of KRW 23,310,00, Defendant B: Imprisonment of four months, suspended execution of two years and social service hours of April) are too unreasonable.

2. We also examine the Defendants’ assertion of unfair sentencing.

(1) First, there are circumstances to consider the Defendants as follows.

① Defendant A: (a) all of the crimes committed by Defendant A: (b) the Defendant shows an attitude of reflection; (c) the Defendant appears to be healthy at Grade 6 with visual disability; and (d) the Defendant suffered from her mother-friendly alz’s disease; (b) the Defendant appears to have been aware of the crime; (c) the Defendant appears to have been actively involved in the operation of the instant sexual traffic establishment; and (d) there is no record of punishment for the same kind of crime; (b) however, the Defendants have the following disadvantageous circumstances; (c) the crime of arranging sexual traffic is a crime detrimental to the sound sexual culture and good morals; and (d) other circumstances, including the Defendants’ age, environment, character and conduct, and the conditions of sentencing specified in the instant case, do not exceed the reasonable scope of discretion. In full view of all the circumstances, the lower court’s punishment against the Defendants is unreasonable.

Therefore, the Defendants’ assertion of unfair sentencing is rejected.

① Defendant A: The Defendant continued to engage in the business of arranging sexual traffic by employing foreigners who are not granted the status of stay in the same place from around December 28, 2017, even though the above judgment became final and conclusive on December 21, 2017, after having been sentenced to a suspended sentence of one year on December 13, 2017; and the Defendant continues to engage in the business of arranging sexual traffic by employing foreigners who are not granted the status of stay in the same place.

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