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(영문) 대법원 2016.04.12 2015도18065
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the lower court was justifiable in maintaining the first instance judgment ordering the Defendant to collect 27920,000 won, for the reasons indicated in its reasoning, and it did not err by misapprehending the evidence for reinforcement of confession or the legal principles on the calculation of the amount of additional collection as alleged in the grounds of appeal, and thus did not adversely affect the conclusion of the judgment.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment, including community service order or additional collection, is unfair is not a legitimate

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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