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(영문) 수원지방법원 2015.05.20 2014노6551
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The judgment below

"2,000,000 won from the defendant in the disposition."

Reasons

1. According to the records on the Defendant’s appeal, the fact that the Defendant was dissatisfied with the lower judgment on October 27, 2014 and was served with the notification of receipt of notification of receipt of trial records on November 19, 2014, and was not filed within 20 days from the date on which the Defendant filed an appeal, is obvious in the records, and the Defendant’s petition of appeal does not contain any grounds for appeal, nor does there exist grounds for ex officio examination in the records.

Therefore, a decision to dismiss an appeal by a defendant should be made in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as a decision is rendered on the appeal by a public prosecutor, a decision to dismiss an appeal should not be made separately and a decision should be

2. Determination on the prosecutor’s appeal

A. The sentence of the lower court (two years of suspended execution in six months of imprisonment, and two million won of additional collection) is deemed to be too uneasy and unreasonable.

B. In light of the fact that the Defendant committed the instant arrangement of sexual traffic even though he had a history of punishment for the same kind of crime in the past, and the degree of injury is not less severe, and that there was no agreement with the injured victim up to the trial, it is necessary to punish the Defendant strictly, as argued by the Prosecutor.

However, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., including that the Defendant led to the confession of each of the crimes in this case and reflects the depth thereof, and that there is no penalty force exceeding the fine in the same kind of crime of sexual traffic notification, and that there is no history of punishment in the past violence-related crimes, the prosecutor’s assertion is without merit, given that the sentence of the lower court is too uneasible and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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