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(영문) 대법원 2017.10.26 2017도13292
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable in maintaining the first instance judgment ordering the Defendant to collect a surcharge of KRW 487,500,000 on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the punishment of acts of arranging sexual traffic, as alleged in the grounds of appeal.

In addition, the argument that the lower court erred by misapprehending the legal principles on the determination of sentencing is ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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