logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.06.08 2017노4902 (1)
성매매알선등행위의처벌에관한법률위반(성매매광고)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). In a case where: (a) there is no change in the conditions of sentencing compared with the lower court since the materials unfavorable to the Defendant have not been newly submitted in the trial; and (b) the Defendant’s crime history, age, sex, environment, motive, means and consequence of the crime; and (c) considering all other circumstances that form the conditions of sentencing as indicated in the instant records and the theory of changes, such as the circumstance after the crime, etc., the lower court’s sentencing is deemed appropriate; and (d) the lower court’s sentencing was deemed to have been excessively unhued, thereby exceeding

It does not seem that it does not appear.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow