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(영문) 수원지방법원 2017.09.21 2017노1729

성매매알선등행위의처벌에관한법률위반(성매매광고)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) each of the instant crimes committed by the Defendant was distributed twice to the general public so that the Defendant can be seen by many and unspecified persons; and (b) the Defendant committed each of the instant crimes during the suspended execution period. In light of the fact that the Defendant committed each of the instant crimes, the lower court’s sentence that sentenced to a fine of KRW 4 million is too una

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, given that the Defendant’s error is recognized, and the benefits acquired by each of the instant crimes are not much high, and all of the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime. Therefore, the foregoing assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.