2. Determination

A. The judgment of Defendant A on the ground that there are circumstances to take account of the fact that Defendant A again committed the instant crime due to economic circumstances while making efforts to seek a new lessee, such as setting the real estate in which he operated a massage place into a real estate brokerage office, etc., and that there is a family member to support Defendant A, etc., which is favorable to Defendant A.

However, the crime of this case is a serious criminal undermining the sound sex culture and good morals; Defendant A committed the crime of this case again even though he had been under the suspension period of execution as to the name of the same crime as the crime of this case; Defendant A had been punished three times due to the same crime (two times of the suspension of execution of imprisonment, one fine); Defendant A has not been subject to the suspension period; Defendant A had been under the prior punishment for committing the crime of this case even though he had been under the prior punishment for not being under the suspension period, considering the above favorable circumstances, there is no room to vindicate the crime of this case again during the suspension period; considering the circumstances that there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; Defendant A’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and the records of this case, it cannot be deemed that the sentence of the lower court is excessively unreasonable.

Therefore, Defendant A’s assertion is rejected.

B. Defendant B’s criminal act period is not long, but appears to have failed to obtain particular profits. Defendant B’s wife, who was in an economic difficult situation, as Defendant A’s wife.