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(영문) 수원지방법원 2018.08.24 2018노3305
성매매알선등행위의처벌에관한법률위반(성매매광고)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (nine million won in penalty) is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 9 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In this court, the conditions of sentencing are set forth in the court, in particular, that the defendant agreed with the victims of assault, the defendant seems to have distributed the advertisement leaflets of sexual traffic again in order to raise the operation expenses of the Maternity, and the defendant does not repeat the crime again.

Comprehensively taking account of the fact that the sentencing of the court below exceeded the reasonable limit of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime, the Defendant’s age, sex, environment, etc. are considered after the instant crime, the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below’s dismissal of “M” as “S” is corrected.

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