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(영문) 대법원 2016.01.28 2015도17904

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just that the court below found the defendant guilty of the charged facts of this case, and ordered the collection of 50,850,000 won against the violation of the Act on the Punishment of Acts such as Intermediating Commercial Sex Acts, Etc. (the brokerage of commercial sex acts, etc.). There is no error by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the calculation of the charge of aiding and abetting a criminal and the surcharge

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.