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(영문) 수원지방법원 2020.11.05 2020노4610
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment, etc.) against the accused against the summary of the grounds for appeal is too unreasonable;

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) Domination unit, and the Defendant recognized all of the instant crimes.

However, the fact that the defendant has been punished several times for the same crime, the crime of this case is committed by the defendant illegally employing foreigners and arranging sexual traffic for a considerable period of time, and the nature of the crime is very poor; the crime of illegal employment against foreigners is likely to undermine the effectiveness of the country's immigration control policy, encourage illegal stay of foreigners, etc.; there is a need for strict punishment because there is no significant harm to society as a whole; there is no change in the conditions of sentencing compared with the judgment of the court below since new sentencing data have not been submitted in the trial; and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence after the crime, etc., are considered to be unfair because the sentencing of the court below is excessively beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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