logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.01.18 2016노964
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a fine of KRW 3 million for Defendant A, and a fine of KRW 500,00 for Defendant B) is too uneased and unreasonable.

2. In our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect the determination. It is desirable to reverse the first instance court’s judgment and to refrain from rendering a sentence without any difference between the first instance court and the first instance court solely on the ground that the sentence of sentencing of the first instance falls within the reasonable scope of discretion, although the sentence of the first instance falls within the scope of discretion, it is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of all the factors indicated in the record of the instant case, in accordance with the foregoing legal doctrine, the lower court’s sentencing against the Defendants was too unscheduled, and there is no room for the prosecutor’s allegation of changes in circumstances.

3. In conclusion, the prosecutor's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

arrow