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(영문) 광주지방법원 2017.08.30 2017노209
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence imposed by the lower court on the Defendants ( ① Defendant A: imprisonment for 8 months, 2 years of suspended sentence, 2 years of probation, 200 hours of community service order, 40 hours of sexual traffic prevention; ② Defendant B: imprisonment for 10 months, suspended execution, 2 years of probation, surveillance, 200 hours of community service order, 40 hours of lecture order, and 40 hours of sexual traffic prevention; ③ Defendant C: 4 million won of fine) are too unreasonable.

B. Each sentence sentenced by the court below to Defendant A and B is too unhued and unfair.

2. Determination

A. It is favorable that Defendant A and B led to the confession of the instant crime by Defendant A and B, and there was no record of punishment against the said Defendants for the same kind of crime, and that Defendant B deposited KRW 3 million in the lower court for the recovery of damage to the victim G at the lower court.

On the other hand, commercial sex acts are disadvantageous to the fact that social harm, such as commercial sex acts and harm to the sound sexual culture and good morals, so severe punishment is necessary. Defendant B urged the victim G to work at the entertainment center on several occasions, and threatened the victim G to work at the entertainment center on several occasions, and the fact that the victim did not reach an agreement with the above victim, etc.

In addition, if there is no special circumstance or change of circumstances to newly consider sentencing after the pronouncement of the judgment below, comprehensively considering various sentencing conditions as shown in the records and arguments of this case, such as the background of the crime of this case, the circumstances after the crime, the circumstances after the crime of this case, and the environment of Defendant A and B, the court below does not seem to be too heavy or unreasonable since the sentence imposed on the above Defendants is too heavy. Thus, the above Defendants’ assertion is without merit

B. The part against Defendant C is examined, and the act of arranging sexual traffic is compared with the original judgment, which requires severe punishment because it has a lot of social harm and injury, such as the commercialization of sex and the harm to the sound sexual culture and good morals.

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