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(영문) 서울남부지방법원 2019.10.29 2019노1270

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the gist of the grounds for appeal, the Defendant asserts that the Defendant is too unreasonable due to his excessive fault, and that the prosecutor is too uneasible and unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant by taking into account the favorable circumstances, such as the following: (a) the Defendant’s age, character and conduct, family relationship, motive and circumstance of the crime, and all of the sentencing factors indicated in the records and pleadings of the instant case, including the Defendant’s age, age, personality and conduct, family relationship, circumstances after the crime, etc., under which the lower court’s sentencing is too heavy or unfasible to the Defendant even after the Defendant was prosecuted; (b) the Defendant repeats the crime even after the Defendant was prosecuted for the instant crime; (c) the Defendant’s history of criminal punishment, including the instant crime, is recognized and reflects all the Defendant; and (d) the Defendant has no criminal record of the same kind; and (d) there is no special circumstance or change of circumstances that may be newly considered in sentencing at the trial; and (e) the lower court’s sentencing is too heavy or unfased.

3. Conclusion, the defendant.