성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (the collection of 1 year of imprisonment, 309, 780,000 won and 1 year of imprisonment, confiscation, 456, 380,000 won) which the court below sentenced to the defendants is too unreasonable.
2. The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance court. As such, in a case where 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the health unit and the Defendants recognized the instant crime once in the first instance court. However, in light of the foregoing legal doctrine, the entire crime of this case was recognized by the Defendants at the time in the first instance court, but it does not seem to be a special change in the situation to the extent that the lower court did not change the circumstances to the extent that new materials were not submitted in the first instance court’s sentencing at the trial, and other circumstances, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.
shall not be deemed to exist.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.