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(영문) 대법원 2016.08.24 2016도8066
성매매알선등행위의처벌에관한법률위반(성매매알선등)방조
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The argument that the lower court’s determination of sentencing contains an error of incomplete deliberation of sentencing conditions is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where a minor sentence has been imposed against the Defendants is not a legitimate ground for appeal.

The argument that Article 19 (2) 1 of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts is unconstitutional cannot be accepted.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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