성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is that the sentence imposed by the court below against the Defendants (the defendant A: 10 months of imprisonment, 2 years of suspended execution, 15 million won of fine, etc.) is too unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, 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 against the Defendants is too so excessive that the sentencing of the Defendants exceeded the reasonable scope of discretion.
The Defendants’ assertion is without merit.
3. The Defendants’ appeal is dismissed in entirety.