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(영문) 서울남부지방법원 2016.07.15 2016노878

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) that the defendant has no criminal record of suspended execution or more, there is a family member to support the defendant, the fact that the defendant committed the instant crime due to the continuous business depression, the defendant's unsound growth environment, etc., the punishment (the punishment of 6 months and 120,000 won) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, ① the Defendant was punished by a fine three times for the same crime, and again commits the instant crime; ② in light of the fact that the Defendant committed the same kind of crime in a short period, four times or more at the same place, there is a doubt as to whether the Defendant’s reflectivity is genuine; ③ there is no difference from the sentencing conditions of the lower court because the new sentencing data was not submitted at the trial; ③ the circumstances alleged by the Defendant are already reflected in the sentencing of the lower court; ④ The size and operation period of the instant sex trafficking business establishment, Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, considering the various sentencing conditions indicated in the instant case, such as the circumstances after the crime.

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