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(영문) 대법원 2015.10.15 2015도11987
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed. Thus, in this case where Defendant A’s minor punishment is imposed, the argument that the punishment is too unreasonable cannot be a legitimate ground of appeal

2. According to the records on Defendant B’s grounds of appeal, Defendant B appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by violating the rules of evidence and by mistake of facts cannot be a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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