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(영문) 대구지방법원 2018.04.13 2017노4611

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. It is recognized that the defendant committed the instant crime during the period of suspension of execution, punishment of fines for the same kind of crime five times, and that the defendant committed the instant crime during the period of suspension of execution due to the same kind of crime.

However, it is also recognized that the defendant recognizes all of the crimes of this case and reflects on the fact that the business period of the crime of this case is short, and that the elderly defendant seems to be in an economically difficult situation.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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