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(영문) 대구지방법원 2016.05.20 2016노1113
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months, additional collection of ten million won) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the facts charged in the instant case and reflects his mistake, while the Defendant’s operation period was not long, it is deemed that the instant crime is highly harmful to the society, such as undermining the sound sex culture and good morals, while the instant crime is deemed to be serious, and the Defendant’s participation in the instant crime as a joint business owner of a sexual traffic business establishment is important.

In light of the facts that the defendant, who has been under several criminal punishment, such as the fact that he appears to have been sentenced six times a prison sentence, one time a suspended sentence, committed the crime of this case without being aware of the period of repeated crime, and the court below appears to have determined the punishment in full consideration of the favorable circumstances for the defendant, and there are no special changes in circumstances to change the punishment of the court below after the sentence of the court below, and considering all the sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the court below's punishment is too unreasonable since the defendant's assertion is without merit.

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

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