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(영문) 의정부지방법원 2018.04.02 2018노328
성매매알선등행위의처벌에관한법률위반(성매매광고)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized the instant crime and reflects the fact that the instant judgment becomes final and conclusive; (b) the Defendant should be sentenced to imprisonment with prison labor for up to eight months since the suspended sentence became void; and

However, in full view of all other circumstances, including the Defendant’s age, sex, environment, circumstances leading up to the instant crime, and circumstances that are the conditions for the instant sentencing as indicated in the record, the lower court’s punishment is deemed reasonable and is too unreasonable, and therefore, the above assertion by the Defendant is without merit. In so doing, the lower court did not err by misapprehending the legal doctrine on the grounds that the Defendant’s punishment is too unreasonable.

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.

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