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(영문) 전주지방법원 2016.12.09 2016노1305

공중위생관리법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 20 million) of the lower court (e.g., a fine of KRW 20 million) is too uneased and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant continues to engage in the business of arranging sexual traffic while being under an order to close down his/her place of business, and not only has the record of being subject to criminal punishment several times for the same crime, but also has the record of having committed the crime of this case without being aware of the fact that he/she was sentenced to imprisonment with labor for one year for the same crime in the support of the Southern District Court in the Jeonju District Court on December 22, 2015.

On the other hand, there is a relatively small amount of benefit acquired by the Defendant from the instant crime, the family members of the Defendant wanted to have the Defendant’s wife scambly, and the Defendant’s disposal of the instant female accommodation, etc., which are favorable to the Defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not recognized to be too uneasible and unreasonable. Therefore, the Prosecutor’s assertion of unreasonable sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.