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(영문) 수원지방법원 2021.01.15 2020노2699
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below against the defendant of the summary of the grounds for appeal is too unreasonable.

Judgment

The Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, has a unique area for the determination of sentencing, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances as stated in its reasoning, and determined the circumstances alleged by the Defendant on the grounds of appeal, such as the recognition and reflection of the instant crime, and the circumstance leading to the instant crime, etc., were already reflected in the lower court’s sentencing process, and there is no change in special conditions to change the sentence of the lower court at the same time.

Even though the defendant has been punished for the same kind of crime several times, the defendant's age, sex, occupation, occupation, environment, family relationship, health status, criminal records and contents thereof, attitudes in investigation agencies and courts, the nature of the crime, motive, means and consequence of the crime, and other various circumstances that are the conditions of sentencing as shown in the deliberation of the court below and the party, such as the circumstances after the crime, are too unreasonable since the defendant's punishment against the defendant goes beyond the reasonable scope of its discretion.

Therefore, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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