성매매알선등행위의처벌에관한법률위반(성매매)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (two million won in penalty) declared by the court below.
2. The fact that the judgment defendant has no record of criminal punishment is a favorable condition to the defendant.
On the other hand, the fact that the indictment has been suspended for the same kind of case is disadvantageous to the defendant.
The lower court sentenced a fine of KRW 2 million in consideration of the aforementioned circumstances, etc.
In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, considering the Defendant’s age, sex, family relationship, and the circumstances and result of the instant crime, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.
Therefore, prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.