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(영문) 대전지방법원 2020.05.13 2019노1582
의료법위반등
Text

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

Reasons

1. The summary of the grounds of appeal is the case where the defendants employ foreign women who are not qualified for employment and arrange the commercial sex acts for four-month business. The act of arranging the commercial sex acts is against the sound sexual culture and good morals by commercializing their sex, and the crime is very poor in light of the number of women who illegally employ, the period of the crime, the form of the act, and other criminal records of the defendants, etc., as well as the punishment of the court below against the defendants (the punishment of the defendants A: the fine of KRW 20 million, the punishment of the defendants B: the imprisonment of October and the suspended execution of the sentence of two years, and the community service of 180 hours) is deemed unfair.

2. In light of the aforementioned unfavorable circumstances asserted by the Prosecutor in the grounds of appeal, the lower court’s determination of sentencing is too unafford and deemed to have sufficiently taken account of the circumstances indicated in the instant case, including the fact that the Defendants were committed each of the instant offenses, and that there is no past record of criminal punishment as well as the Defendants’ age, character and conduct, environment, family relationship, circumstances of the offense, means and consequence, etc., the lower court’s determination of sentencing exceeded the reasonable scope of discretion, as it is too unafford.

3. In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal against the defendants is without merit. It is so decided as per Disposition.

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