(영문) 창원지방법원 2017.06.29 2017노1069 | 리걸엔진

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(영문) 창원지방법원 2017.06.29 2017노1069

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A: The punishment of the lower judgment (the imprisonment of eight months, additional collection of two million won) is too unreasonable.

B. Prosecutor: The sentence of the lower judgment against the Defendants (as above, Defendant A: Defendant C: 2 years of suspended sentence in August) is too unfasible and unreasonable.

2. The judgment follows: (a) the Defendants were led to the confession of the crime; (b) the period of business is not more than two times; and (c) Defendant C was in charge of cleaning work; (b) Defendant A was the head of business; (c) Defendant A had the same criminal records and two times (the suspension of execution of each imprisonment with labor); (d) Defendant C had the same criminal records and four times (two times the suspension of execution of each imprisonment with labor; and (e) Defendant C had the same criminal records and four times (two times the suspension of execution of each imprisonment with labor); and (c) Defendant C committed each of the crimes in this case since three years have not passed from the date on which the suspension of execution of each last imprisonment with labor became final; and (d)

In full view of the above sentencing grounds, in full view of the Defendants’ age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments in this case, the punishment of the lower judgment against the Defendants is deemed reasonable and there is no change in circumstances to be considered in the trial at the time, and thus, the arguments of the Defendant A and the Prosecutor

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

유사 판례

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-대구지방법원 2018.11.22 2018노2963

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