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(영문) 대구지방법원 2017.05.24 2016노5358
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments (Defendant A: fine of 2 million won, confiscation, additional collection of 670,000 won, Defendant B: fine of 500,000 won, and fine of 300,000 won: fine of 300,000 won) declared by the court below against the Defendants is too una

2. In our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following, the crime of this case is deemed necessary to be committed on the grounds that there are considerable social prejudice, such as undermining the sound sex culture and good morals, and thus, it is difficult for the Defendants to recognize the facts charged of this case and reflect their mistakes. On the other hand, the business period of the commercial sex business establishment of this case was not long, Defendant A and B did not have any previous conviction, Defendant C did not have any previous conviction, Defendant C was sentenced once a fine for the same kind of crime before 10 years, and the Defendants’ age, age, circumstances, and circumstances, etc., were not acknowledged, and thus, the lower court’s assertion that the Defendants’ criminal punishment was too unfair, etc.

3. In conclusion, it is clear that the prosecutor's appeal against the defendants is groundless. Thus, it is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act. It is so decided as per Disposition.

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