The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The defendant does not pay a fine.

1. The sentencing of the lower court (a fine of five million won) is too large and unreasonable.

2. The crime of this case is that the defendant had female employees engage in obscene acts with customers. In light of the content and degree of obscene acts, there is no difference between similar intercourse and that is, it is a crime that has a great impact on the sound sexual culture and good morals by commercializing women's sex, and thus, there is a need to strictly punish them in order to prevent it.

However, in light of the fact that the defendant recognized the crime of this case and tried not to repeat the crime of this case, the defendant's mistake is against his depth and will not repeat again, the period of operation of the KIKO of this case is relatively long, and the profit acquired by the operation of the KIKO of this case seems not to be significant, there is a family member to support the defendant, and the defendant is economically difficult, there is no past record of punishment, there is no record of criminal punishment for the last ten years, and there is no record of criminal punishment for the same kind of crime, the balance between the punishment and the crime of this case, the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, etc., the sentencing of the court below is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 46 (1) of the Employment Security Act, which is applicable to the relevant criminal facts and to select punishment;