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(영문) 부산지방법원 2018.04.20 2017노4585
성매매알선등행위의처벌에관한법률위반(성매매)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant is the primary offender, and the fact that the Defendant is recognized and against the Defendant is recognized, is favorable to the Defendant.

However, the lower court also seems to have determined the punishment in consideration of the favorable circumstances, and there is no change in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and the act of arranging sexual traffic is detrimental to the sound sexual culture and good morals by commercializing women’s sex, and the criminal liability is not easy, and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, equity in punishment, etc. are considered, and it cannot be deemed that the lower court’s punishment is too unreasonable.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.

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