직업안정법위반
The prosecutor's appeal is dismissed.
1. The reasoning of the appeal (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 120 hours) of the lower court is too uneasible and unreasonable.
2. In full view of all the sentencing conditions, including Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., in light of the following: (a) the Defendant’s confession and reflects the crime; (b) has been living without any particular criminal history for the last 15 years or more; and (c) the fact that the existing business was discontinued after closure of the business; (d) the operating period is not short; and (e) the Defendant’s non-registration reporting room operation is likely to cause sexual traffic and other criminal acts; and (e) the Defendant’s situation is unlikely to be negligible; and (e) the lower court’s punishment cannot be deemed unfair by taking account of the following factors: (a) the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime; and
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.