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(영문) 서울서부지방법원 2015.11.19 2015노1394
풍속영업의규제에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant led to the confession of the crime and is against the defendant; (b) the defendant has no criminal records; and (c) the defendant does not operate the key bank of this case as his age.

However, each of the crimes of this case is disadvantageous to the defendant, such as that the defendant employs female workers in a key room to allow them to engage in obscene acts, and that the defendant did not display any indication that restricts the access and employment of juveniles to the outside of the business place, and that the crime is not less exceptionally.

In addition, considering the Defendant’s career, character and conduct, environment, background of the crime, the amount of profit gained from the crime period and the size of profit gained from the crime, circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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