성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is unreasonable by the lower court’s respective punishment against the Defendants (one year of imprisonment, two years of suspended sentence, and 5 million won of fine, 38.4 million won of penalty, 38.4 million won of penalty, 6 months of suspended sentence, 2 years of suspended sentence, 11, 114, 616 won of penalty).
2. The Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.
The favorable circumstances cited by the Defendants or the circumstances cited by the Act on the Punishment, etc. of Specific Economic Crimes seems to have already been determined by the lower court by fully taking account
The Defendants’ assertion of unreasonable sentencing is without merit.
3. All appeals by the Defendants are dismissed.