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(영문) 인천지방법원 2019.08.23 2019노1102
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment, 7 million won of fine, confiscation, additional collection, 23.4 million won of fine, 8 months of imprisonment, 2 years of suspended execution, 5 million won of fine, probation, community service, etc.) of the lower court is too unreasonable.

2. Determination

A. Defendant A asserts that: (a) KRW 21.6 million from the end of August 2018 to September 18, 2018; (b) KRW 21 x 60-7 million (30 days from the first control to October 18, 2018 x 300,000) is a legitimate amount of penalty.

However, the lower court calculated 23,40,000 won (=78 days x 3,000 won) as additional collection on the grounds that Defendant A stated that the average daily profit from August 2018 to October 17, 2018 was 30,000 won at an investigative agency. This is not only similar to the additional collection amount claimed by Defendant A in the trial, but also it is difficult to view that there was any error in calculating additional collection amount as above.

Therefore, Defendant A’s above assertion is without merit.

B. 1) The Criminal Procedure Act, which adopts the principle of trial-oriented and directness of the relevant legal principles, has the inherent territory of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2) In full view of the following circumstances and other circumstances: (a) the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime, etc., which are the conditions for the sentencing specified in the records and arguments of this case, the lower court’s sentencing is too unreasonable, thereby exceeding

[Defendant A] A - A : The defendant recognized the part of the criminal escape, which reflects his/her mistake, and the defendant is identical.

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