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(영문) 인천지방법원 2013.05.24 2013노359
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendants (Defendant A: 10 months of imprisonment, 2 years of suspended execution, and 7 million won of fine, and 7 million won of fine) is too unreasonable.

2. The judgment was based on the following facts: ① the Defendants recognized all of the instant crimes and reflected their mistakes; ② Defendant A did not have any serious criminal record exceeding the same kind of punishment and fine; and Defendant B was the primary offender, etc. favorable to the Defendants.

However, Defendant A operated the so-called sidewalk without registering with the competent authority, and operated the so-called sidewalk, which resulted in the continuous personality and conduct of illegal sexual traffic by introducing women to a sexual traffic business establishment, and Defendant B also operated the sexual traffic business establishment for a relatively long period (five months). Defendant B continued to commit the sexual traffic business establishment from October 6, 2012 to November 9, 2012, and committed the crime in bad quality of the crime. ③ The Defendants seems to have acquired a large amount of profits from the crime of this case. ④ The acts of arranging sexual traffic do not have much social harm, such as harming the sound sexual culture and good morals, ④ The acts of arranging sexual traffic are necessary to prevent the proliferation of the illegal sexual traffic business establishment, and to establish a sound sexual culture, and in full view of various conditions in the records and arguments such as the age, family environment of the Defendants, and the circumstances before and after the crime, etc., the punishment against the Defendants is too unfair.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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