(영문) 수원지방법원 2015.05.15 2015노824 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.05.15 2015노824

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. From September 201 to March 31, 2014, the lower court’s amount of additional collection for the period (150 million won) calculated on the premise that the sales amount was KRW 5 million per month, even though the sales amount was KRW 5 million per month, is unlawful.

B. The punishment sentenced by the court below on the grounds that the sentence of unfair sentencing (the imprisonment for eight months, confiscation, and collection KRW 160 million) is too unreasonable.

2. Determination

A. In light of the legal principles and the following circumstances acknowledged by the evidence duly examined and adopted by the court below, namely, the defendant, when receiving KRW 110,00 from customers, provided KRW 60,000 to KRW 50,000 per day by the investigative agency, and the customer was the average of KRW 4-5,00 per day. According to this, the average daily profit of the defendant is KRW 2,50,000 per day, and the average monthly profit is KRW 7,50,000 per day, and the above amount was more than the amount specifically stated by the defendant at the investigative agency, based on the fact that the defendant stated in the court below, it is legitimate to calculate the amount of additional collection under the premise that the average monthly profit from September 201 to March 31, 2014 is KRW 5,00,000 per day.

B. The Defendant’s confessions and reflects on the statement of unfair sentencing are favorable circumstances.

However, in full view of the following circumstances: (a) the Defendant appears to have operated the instant crime for a considerable period of time; (b) the Defendant’s age, character and conduct; (c) the motive and conduct of the instant crime; (d) details of the instant crime; and (e) the circumstances after the commission of the crime; and (e) other factors of sentencing indicated in the instant case, such as the Defendant’s age

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

참조조문

-형사소송법 제364조 제4항

유사 판례

-수원지방법원 2015.10.23 2015노3880

-부산지방법원 2020.11.27 2020노1390

-광주지방법원 2020.10.13 2020노112

-부산지방법원 2018.11.16 2018노2926

-의정부지방법원 2017.01.24 2016노3304