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(영문) 전주지방법원 2017.03.24 2017노58
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the sentence of the court below (the imprisonment of eight months, the confiscation) is too unreasonable.

2. Determination

A. According to our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation regarding sentencing, and in light of the appellate court’s ex post facto in-depth nature, etc., it is reasonable to respect the first instance judgment if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The fact that the Defendant made a confession of all the crimes in this case and seriously reflects his mistake while making a confession, the actual period of operation of the last place in this case is short of four to five days, and its profits are smaller than the small amount. When the judgment in this case becomes final and conclusive, the sum up up up to the punishment for which the previous sentence of suspension of execution has been invalidated, the Defendant is supporting his families by growing up in an unsound environment, and the fact that the first instance judgment has made a large donation, etc.

On the other hand, however, the court below seems to have determined the punishment for the defendant in consideration of all the above circumstances, and there is no change in the situation in the sentencing guidelines with the conditions of sentencing after the sentence of the court below.

Since the act of arranging sexual traffic is a highly harmful crime, such as the commercialization of women's sex and undermining the sound sexual culture and good morals, it is necessary to strictly engage in such a crime. The defendant has been punished several times due to the same kind of crimes, and in particular, the defendant committed the crime of this case in this case since 3 months have not passed since the decision to suspend the execution of 2 years in August of imprisonment became final and conclusive due to the act of arranging sexual traffic, and the defendant's age, sex behavior, environment, family relationship, and circumstances after the crime are committed.

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