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(영문) 의정부지방법원 2016.08.09 2016노1149
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects on the crime of this case, and that the defendant has no record of the same crime.

B. However, in full view of various circumstances, such as the Defendant’s age, background, and circumstances after the sentence of the lower judgment, the lower court’s sentence is too unreasonable even if the circumstances favorable to the Defendant were considered in light of the aforementioned circumstances, and thus, it cannot be determined that the lower court’s punishment is too unreasonable, even if it is too unreasonable, in view of the circumstances favorable to the Defendant, such as the following: (a) the nature of the crime was not good; (b) the crime of this case was committed by commercializing women’s sex; (c) the crime of this case was committed that has great social harm, such as impairing sound sex culture and good morals by commercializing women’s sex; (d) there was no special change in circumstances after the sentence of the lower

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the assent of all participating Justices (Provided, That inasmuch as it is obvious that the Defendant’s appeal is a clerical error in the “50,000 won” of the 2nd page 5 of the judgment below, the Defendant’s appeal is ex officio correction in accordance with Article 25(1) of the Rules on Criminal Procedure.

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