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(영문) 수원지방법원 2017.07.07 2017노2030
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal 1) Defendant’s punishment (one year of imprisonment, confiscation, and collection KRW 8 million) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The lower court sentenced one year, considering the circumstances favorable to the Defendant and the circumstances unfavorable to the Defendant, and the sentencing guidelines of the Sentencing Commission (two months to one year and four months) [the scope of the recommended sentence] / the two types of sexual traffic crimes subject to the age of 19 years or older (such as brokerage of sexual traffic by taking advantage of business, giving and receiving prices, etc.) (six months or one year and four months) and the basic area (one year and four months) (no person subject to special sentencing).

When comprehensively considering the conditions for sentencing in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion, and the sentencing guidelines, the sentencing of the court below exceeded the reasonable scope of its discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and consequence of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too hot or unfasible.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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