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(영문) 창원지방법원 2016.06.02 2015노2797
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (five million won in penalty, 1950,000 won in penalty) of the court below is too uneased.

2. We examine the judgment, and the fact that the defendant committed the crime of this case during the period of probation due to the violation of the Game Industry Promotion Act, and the fact that the defendant lent the tenant's name in the course of leasing marina business establishments is a reason for unfavorable sentencing, and that the defendant led to the confession of the crime, and the defendant was against the employee who is not the business owner of marina business establishments, and that there was no same criminal record is a favorable reason for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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

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