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(영문) 수원지방법원 2018.09.11 2018노2522
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that sexual traffic brokerage business was conducted in the instant building.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of six months, the suspension of the execution of two years, and the fine of seven million won) is too unreasonable.

2. Determination

A. The Defendant, a mistake of fact, also argued to the same effect as the grounds for appeal on this part, and the lower court rejected the above assertion by providing a detailed statement on the decision.

According to the evidence duly admitted and examined by the court below, the court below's finding of facts is justified.

Therefore, this part of the defendant's argument is without merit.

B. In the criminal litigation law, which takes the principle of unfair trial-orientedness and directness of sentencing, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The conditions of sentencing are not changed compared with the lower court’s judgment because new materials for sentencing have not been submitted in the trial court, and the sentencing of the lower court was too excessive and exceeded the reasonable scope of discretion in full view of all the reasons for sentencing specified in the records of the instant case.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is without merit.

3. 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 groundless.

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