성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (4 million won of a fine) is excessively unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant has no previous conviction beyond the previous conviction and fine; (b) the confession and reflect of the instant crime; (c) the closure of a commercial sex trafficking business establishment and the non-offending thereof; and (d) the economic difficulties are favorable to the Defendant.
On the other hand, the crime of this case is operated within the school environmental sanitation and cleanup zone, which is not in the nature of the crime, and the crime liability is grave since the commercial sex acts establishments are operated for a long period of 18 months, etc., which are disadvantageous to the defendant. In light of the above circumstances and other circumstances, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., if we consider all the sentencing conditions stipulated in Article 51 of the Criminal Act, the punishment of the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.