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(영문) 수원지방법원 2020.09.21 2020노1207
병역법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, through the Internet site, has a significant adverse effect on the formation of the sound sexual morals of society by advertising and inducing sexual traffic to many and unspecified persons, and that there are three times of fines due to the violation of the Military Service Act, etc., the Defendant’s punishment (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) of the lower judgment is too unfford and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, "Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act (the act of arranging sexual traffic, the act of arranging sexual traffic, the act of arranging imprisonment), Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the act of arranging sexual traffic through business, the act of selecting imprisonment)" shall be amended as "Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the act of arranging sexual traffic, the act of arranging sexual traffic through business, the act of arranging sexual traffic)" (the act of arranging sexual traffic, the act of arranging sexual traffic, the act of arranging sexual traffic, the act of arranging sexual traffic through business, the act

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