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(영문) 서울중앙지방법원 2020.02.06 2019노1740
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, three million won of fine) of the lower court is too unreasonable.

In addition, the amount of the court below's additional collection based on the defendant's statement is excessive because it includes the profits through normal business.

2. Determination

A. If 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 following: (a) there is no new circumstance to consider sentencing following the pronouncement of the lower judgment; (b) the scale of the instant business establishment; (c) the operating period and operating profit; (d) the role and degree of participation of the Defendant; and (c) the Defendant’s age, character and conduct, environment, criminal records; (d) the motive, means and consequence of the crime; and (e) all the sentencing conditions stated in the pleadings, such as the circumstances after the crime was committed

B. The Defendant alleged that, at the time of interrogation of the suspect, the Defendant made a statement that the amount of profits, including profits from legitimate business with the view to a maximum of six million won. However, when the Defendant’s statement was made at the time, it is clear that it is profits from the business of sexual traffic. Therefore, the foregoing assertion

3. The defendant's appeal is dismissed.

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