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(영문) 수원지방법원 2020.03.20 2019노6603
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (one year of imprisonment and one year of confiscation, additional collection, one year and three months of imprisonment, confiscation and additional collection, and one year and three months of confiscation, one year of imprisonment and one year of confiscation and additional collection) is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant A submitted additional data that all of KRW 30,138,333, the penalty surcharge imposed in the lower judgment was paid in the trial, but this is merely a performance of an obligation under the order to provisional payment in the lower judgment, and thus, it is difficult to view that the change in the sentencing was meaningful to change the sentencing of the lower court. Defendant B and C did not submit significant data to the extent that the change in sentencing was reduced in the trial.

Even when examining all the materials submitted by the Defendants in the trial court, there is no meaningful change in the sentencing conditions of the Defendants compared to the original judgment, and comprehensively taking account of all the circumstances that serve as the sentencing conditions of the Defendants in the records and arguments in this case, it cannot be deemed that the sentencing of the lower court against the Defendants was excessive and exceeded the reasonable scope of discretion.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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