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대전지방법원 2017.05.24 2016노2902

The defendant's appeal is dismissed.


1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflects the fact that the economic situation seems to be difficult, such as where he/she must raise a young child, etc.

However, the crime of this case is an unfavorable circumstance, such as the fact that the defendant and the defendant's female-friendly Gu have arranged sexual traffic of other women using smartphones and distributed profits therefrom, and the crime is not good, and the fact that there is a record of punishment three times due to the crime of this kind (excluding punishment and suspension of execution) has been punished three times.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive for crime, means, and consequence, there is no special change in circumstances that may otherwise determine the sentence and the sentence of the original court, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.