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(영문) 서울중앙지방법원 2017.09.15 2017노1314 (1)
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal doctrine are cited as the grounds for appeal. misunderstanding of the legal principle is alleged as follows. The court below erred by misapprehending the legal principle as to a joint principal offender, thereby denying the establishment of a joint principal offender. In full view of the foregoing, the court below

This is also judged together.

According to various evidence, it is recognized that the defendant was involved in the crime more than the mere introduction of C, and the act itself, as stated in the judgment of the court below, has a functional control over the essential functions in realizing the crime, such as arranging sexual traffic, etc.

Therefore, the joint principal offender is established.

B. The sentence of the lower court’s unfair sentencing is too minor.

2. Determination

A. Examining the allegation of misunderstanding of facts and legal principles in light of the record, the evidence submitted by the prosecutor on the grounds of the detailed reasons from the 10th to the 11th page of the judgment of the court below, which alone participated in the same crime as the facts charged, with the intention of joint processing.

It is not sufficient to recognize the recognition.

The judgment of the court below that made is correct, and it is not erroneous in the misapprehension of legal principles as alleged by the public prosecutor.

B. In light of the circumstances revealed by the lower court in the grounds of sentencing and the conditions of sentencing indicated in the record, the lower court’s sentencing is too uncomfortable and unreasonable.

3. The appeal by the conclusion prosecutor is dismissed.

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