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(영문) 수원지방법원 2018.10.19 2018노3665
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in a penalty) is too heavy or (the Defendant) is too heavy.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant, determined the sentence, comprehensively taking into account the circumstances that are favorable to the Defendant, and recognized and reflected the circumstances and crimes alleged by the prosecutor on the grounds of appeal, such as the fact that the offense is grave and bad, and that there is a criminal record for the same kind of offense, and that the economic situation is not adequate, and all the circumstances alleged by the Defendant on the grounds of appeal

It is difficult to find out any change in special sentencing conditions that can change the sentence of the court below for the first time.

In full view of the various circumstances, including the Defendant’s age, sex, environment, family relation, health status, record of a crime, crime, motive, means and consequence of a crime, etc., the lower court’s disposition, which the Defendant was placed on the Defendant as a fine, is too heavy or unfasible to the extent that it goes beyond the reasonable scope of its discretion, and thus, cannot be deemed unfair.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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