성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. According to the records of the instant case, the Defendant filed an appeal against the lower judgment on November 22, 2016, and failed to submit a written reason for appeal within 20 days from the date of receipt of the record of trial on January 23, 2017, even after receiving a notice of receipt of the record of trial on January 23, 2017. The petition of appeal does not state the reason for appeal, and the lower judgment cannot be found even if examining the judgment of the lower court.
Therefore, a decision to dismiss an appeal by a defendant should be made pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as a decision is rendered on the appeal by a prosecutor against the defendant, a decision to dismiss an appeal shall not be made separately and a decision shall be rendered concurrently.
B. The sentence (2 million won, confiscation, and collection 1040,000 won) that the court below rendered by the prosecutor is too unfluent and unreasonable.
2. The crime of this case is deemed to have a large degree of social malicious behavior, such as undermining the sound sexual culture and good morals, and thus, it is deemed necessary to strict punishment. Meanwhile, the defendant recognized the facts charged of this case and reflects his wrongness. The profits acquired through the crime of this case are not long and the amount of profits acquired through the crime of this case seems not to be much high, and the defendant did not have any criminal record other than once the suspended sentence due to larceny, and there is no other criminal record other than the defendant's age, sexual behavior, environment, family relationship, and circumstances after the crime of this case. The prosecutor's assertion is without merit, in light of all the sentencing conditions indicated in the records of this case such as age, sex, family relation, etc.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, and since the defendant did not submit a written reason for appeal, it is not unlawful even if the appeal is dismissed by judgment (Supreme Court Decision 69Do143 delivered on May 27, 1969).