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(영문) 서울중앙지방법원 2018.07.12 2018노1243
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the penalty of 8 months, confiscation, 285, 962,50 won) is too unreasonable.

2. After the issuance of the judgment of the court below, the Defendant appears to have the intent to start a new entity as a sound member of the society, such as commencing a regular sponsor and taking a commitment to organ donation, etc. The Defendant’s family members appear to have the intention to start a new entity.

However, the circumstances based on which the Defendant alleged that the sentencing of the lower court was unfair have already been removed during the oral proceedings of the lower court, and the lower court, taking this into account, determined and decided a lower sentence than the lower court of the recommended sentencing guidelines.

In full view of the circumstances unfavorable to the Defendant and the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, all of the sentencing conditions indicated in the records of the instant case, such as the circumstances that the lower court properly explained, it cannot be deemed that the sentence imposed by the lower court was too unreasonable, taking into account the circumstances favorable to the Defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

The judgment below

Since there is an obvious error in the part of the "Application of the Act" among the reasons, only this part shall be raised as follows.

[Supplementary Grounds for Defendant A] Application of the Act

1. Relevant legal provisions concerning facts constituting an offense, Article 20(1)3 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic, Article 30 of the Criminal Act, Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., Articles 30 and 32(1) of the Criminal Act, Article 19(2)1 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts, and Article 19(2)1 of the Act on the Punishment of Acts, including Mediation, etc. of Commercial Sex Acts, and each decision to punish imprisonment;

1. Article 32 of the Criminal Act for the mitigation of aiding and abetting.

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