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(영문) 청주지방법원 2016.07.22 2016노70
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence of imprisonment for eight months, one year of observation of protection, confiscation, and collection) is too unfluent and unfair.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the above legal principles, there is no change in the conditions of sentencing compared with the original court on the grounds that new materials were not submitted in the first instance court and that the sentencing of the first instance court is too unfford and exceeded the reasonable scope of discretion, taking full account of all the various sentencing reasons stated by the lower court.

It does not appear.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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

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