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(영문) 창원지방법원 2020.04.02 2019노2371
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, probation, confiscation, and collection) imposed by the lower court are too uneased and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no particular change in the sentencing conditions of the lower court on the grounds that the materials to ex post facto change the sentencing have not been submitted in the trial.

Crimes such as arranging sexual traffic are crimes that are highly harmful to society by commercializing sex and undermining sound sexual culture and good morals.

However, the Defendant recognized all the crimes of this case, and is against the law.

The period in which the defendant is engaged in the business of arranging sexual traffic is not less than three months, but the amount of profit that the defendant has acquired as a result is not more than six million won.

The Defendant is an elementary offender who has no record of criminal punishment.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and the result thereof, etc., the sentence imposed by the lower court cannot be deemed unfair because it consists of the punishment imposed by the Defendant within the discretionary scope.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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