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(영문) 광주지방법원 2017.12.20 2017노3654
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against Defendant A (the imprisonment of six months, the suspension of execution of two years, confiscation, and collection of 5.7 million won) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the prosecutor (as above, KRW 3 million, KRW 1.5 million additionally, KRW 1.5 million additionally, and KRW 2 million in the case of Defendant C) is deemed to be too uneasy and unfair.

2. Determination

A. The fact that Defendant A fully acknowledges each of the instant crimes is favorable to Defendant A, such as the fact that both Defendant A and Defendant A’s judgment on the unfair argument of sentencing with respect to Defendant A.

On the other hand, even though Defendant A had been under investigation by committing a crime of the same type as the crime of this case before each of the crimes of this case, even though he had not been aware of the fact that Defendant A had been under investigation by an investigative agency, the fact that Defendant A had changed only the same name and place as that of the previous sexual traffic establishment

In addition, considering the circumstances, means and results of each of the instant crimes, the age, health, sexual conduct, environment, etc. of the Defendant A, and all of the sentencing conditions indicated in the records and arguments of the instant case, the lower court’s punishment against Defendant A is too heavy or unhued so that it cannot be deemed unfair. Thus, the aforementioned arguments by Defendant A and the Prosecutor are without merit.

B. We examine the prosecutor's unfair judgment on the defendant B's unfair argument of sentencing, and there is no change in the sentencing conditions compared to the court below's decision, and considering the various sentencing conditions shown in the records and arguments of this case, the court below's punishment against the defendant B is not unfair. Thus, the prosecutor's above assertion is without merit.

(c)

Defendant

In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination on the prosecutor’s unfair assertion of sentencing C; and (b) considering the various sentencing conditions shown in the records and arguments of this case, the lower court’s sentence against Defendant C is not unreasonable.

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