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(영문) 대전지방법원 2019.10.16 2019노265
성매매알선등행위의처벌에관한법률위반(성매매광고)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the conditions favorable to the defendant: (a) the defendant recognizes and reflects his/her mistake; (b) the defendant has no record of being punished for the same kind of crime; and (c) there is no record of punishment exceeding fines; and (d) having experienced economic difficulties.

On the other hand, in light of the background and method of the crime, etc., the liability for the crime is not easy, and the crime of arranging sexual traffic is highly harmful to the society by commercializing the sex and impairing the sound sexual morals, so it is necessary to punish it strictly.

Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.

In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.

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

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