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(영문) 광주지방법원 2016.10.26 2016노982
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that from the date of this judgment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, probation, community service, 80 hours of imprisonment, 40 hours of order to attend a course for the prevention of sexual traffic, and one million won of additional collection) is too unfluened and unreasonable.

2. The defendant is led to confession and speaks against the judgment.

At this time, they agreed with sexual traffic women E.

On the other hand, the act of arranging sexual traffic is harmful to the sound sexual culture and good morals by commercializing women's sex, and has great social harm.

The defendant has been punished once more than once due to the violation of the Employment Security Act of the same kind of crime, the five times of fines, and the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

It is difficult to see that the defendant's opening is significant, and the risk of recidivism seems to be high.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too uneasible and unfair. Therefore, the Prosecutor’s assertion is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 19 (2) 3 of the Act on the Punishment of Acts of Arranging Sexual Traffic (referring to the placement of occupation for sexual traffic and the receipt of consideration), subparagraph 1 of Article 47 and Article 19 (1) of the Employment Security Act, and Article 46 (1) 2 of the Employment Security Act concerning facts constituting an offense;

1. Articles 40 and 50 [E (E) of the Criminal Code shall be subject to the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. through Job Placement for the Age of 28 and unregistered registration.

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