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(영문) 수원지방법원 2017.11.10 2017노5727
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court against the Defendants (Defendant A: imprisonment of one year, two years of suspended sentence, observation of protection, additional collection of 11 million won, 5 million won of fine, 1.8 million won of additional collection) is too uneased and unfair.

2. The lower court, taking into account the favorable and unfavorable circumstances to the Defendants, ordered Defendant A to each of the two years of suspended sentence for one year, and Defendant B to each of the two million won of a fine, respectively.

In full view of the facts that are the conditions for sentencing in the first instance court; in particular, the Defendants’ confession to commit the instant crime and divided their mistakes; the period of the crime is short of two months; the period of the crime is short of two months; the form of the punishment; and the sentencing guidelines; the judgment of the lower court exceeded the reasonable scope of discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the age, sex, environment, circumstances, and result of the crime, etc. of the Defendants, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal against the Defendants by the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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