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(영문) 창원지방법원 2017.09.28 2017노1825

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (4 million won in penalty) of the court below is too unfluened.

2. We examine the judgment, the fact that the Defendant recognized and reflected his mistake, and that the primary offender is the favorable sentencing grounds, and that the Defendant actively sought sexual traffic women through job offering advertisements, and that the offense of the instant crime is not good, such as committing the crime committed on five occasions repeatedly, is an unfavorable sentencing ground.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.