성매매알선등행위의처벌에관한법률위반(성매매알선등)
The defendant's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the grounds for appeal is too unreasonable.
2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the judgment of the first instance on the sole ground that the sentence of sentencing of the first instance falls within the scope of the discretion, but is somewhat different from the appellate court’s view (see Supreme Court Decision 20
It seems that there is no time to participate in the business, and there is no benefit from the business.
There are circumstances that can be considered favorable to the defendant, such as the first criminal who has no record of criminal punishment by committing a criminal act, and the fact that social ties obviously seem to exist.
However, the lower court appears to have been punished by a fine, taking into account all the above circumstances, and it is difficult for the lower court to find out any changes in sentencing conditions in the past.
In the above circumstances, the brokerage of sexual traffic is a highly harmful criminal, such as the commercialization of sex and undermining the sound sexual culture and good custom, and other various circumstances that form the conditions for sentencing as shown in the record, such as the defendant's age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, etc.