beta
(영문) 부산지방법원 2019.07.19 2019노114

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

D and prosecutor's appeals against the Defendants are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court to the Defendant D (along-term imprisonment, 6 months of probation, 2 years of probation, 120 hours of community service, and 59 million won of collection) is too unreasonable.

B. The Prosecutor’s sentence (the Defendant A: a fine of KRW 5 million; a fine of KRW 3 million; Defendant C: a fine of KRW 10 million; Defendant D: a fine of KRW 6 months; a suspended sentence of KRW 2 years; etc.) against the Defendants is too uneased and unreasonable.

2. The lower court determined the Defendants’ punishment by taking into account the favorable and unfavorable circumstances to the Defendants, as seen above.

In the appellate court of this case, there is no change in the conditions of sentencing compared to the lower court, and in full view of the factors of sentencing revealed in the course of the pleadings in this case, it is not deemed that the lower court’s sentencing was either hot or unhued and exceeded the reasonable scope of discretion.

Defendant

D and prosecutor’s assertion of unreasonable sentencing is without merit.

3. Conclusion, since all appeals filed against the Defendants by Defendant D and the Prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.