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(영문) 수원지방법원 2019.06.28 2019노822
성매매알선등행위의처벌에관한법률위반(성매매광고)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an offence in the judgment of the court below in the case No. 2018 high-class 3968): Imprisonment with prison labor for six months and a crime in the judgment of the court below in the case No. 2018 high-class 4118: Imprisonment with prison labor for four months) is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

Not only has been punished several times for the same crime but also has committed the crime of sexual traffic in this case during the suspension period.

In addition, the crime of sexual traffic in this case was committed in the course of trial on the previous conviction in the same kind of judgment of the court below.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime committed by the defendant as shown in the argument of the court below and the party hearing, the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

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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