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(영문) 서울중앙지방법원 2020.09.10 2020노298

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two months of imprisonment, two years of suspended execution, etc.) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing data was not submitted at the trial court. In addition, comprehensively taking account of the following: Defendant’s age, character and conduct and environment, motive, means and method of the instant crime, and circumstances after the instant crime, etc., the sentencing of the lower court is too unreasonable to have exceeded the reasonable scope of discretion, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed.