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(영문) 서울동부지방법원 2020.11.26 2020노1306
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two months of imprisonment, three million won of fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the circumstances unfavorable to the Defendant, such as the fact that the Defendant had been already subject to four times or more as to the act of arranging sexual traffic, and that the instant crime has been refeasible again to the period of suspension of execution due to the same kind of crime, it is difficult to deem that the sentencing of the lower court exceeded the reasonable scope of discretion because it is too unreasonable, even in light of the circumstances favorable to the Defendant (such as the reflection of gender, health, and the fact that the instant crime was committed with economic difficulties) alleged by the Defendant in the trial.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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