2. While the Defendant was sentenced to a suspended sentence of imprisonment by committing an act of arranging sexual traffic, etc. at the same place as the place in which the instant massage place was established, the establishment of an illegal massage place at the same place during the suspended sentence period is deemed to have poor quality in light of the previous conviction, the circumstances leading up to and details of the crime, etc.

However, it is also recognized that the defendant has no criminal record of the same kind in violation of the Medical Service Act, has a delay disorder (class 6), and the defendant seems to have closed the place of massage practice at present.

There is no special change in circumstances that would be different from the original judgment in the trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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