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(영문) 수원지방법원 2017.10.13 2017노3911

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (eight months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The lower court sentenced two years of suspended sentence to eight months of imprisonment, taking into account the favorable and unfavorable circumstances to the Defendant.

The sentencing of the lower court exceeded the reasonable scope of discretion when comprehensively taking into account the following factors: (a) the period of the instant crime is short of a period of up to one month; (b) the applicable sentences; and (c) the sentencing guidelines; (b) the sentencing of the lower court exceeded the reasonable scope of discretion.

There is no circumstance that it is 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, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem 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.